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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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Key elements Click below for a PDF version: Alan Chapman of www. Businessballs.com outlines the duties of a team leader when guiding individuals: know team members as distinct people—their personality, skills, strengths, needs, aspirations and worries help and support individuals—their plans, issues, challenges, highs and lows define and agree suitable personal responsibilities and objectives give credit and commend individuals—recognise effort and good work where appropriate, reward people with added responsibility, progression and standing spot, develop and utilise each person’s abilities and strengths coach and grow individual team members foster personal freedom and authority When those who report to you are themselves managers of other team members, you should......
Before you can begin to take control of contract management in the legal department, you first need a clear view of how current commercial and legal processes function. Undertake a contract management audit that spans all stakeholders, resources, and processes across your organisation (including the legal team) affecting the lifecycle of contracts, from negotiation and drafting through to execution and management. This Practice Note sets out ways to run an audit of contract management and signals the topics you should probe during that exercise. Conducting the audit There are several approaches you could use to carry out an audit in your organisation: Impromptu hallway or office conversations Advantage: In smaller organisations, ad hoc chats may yield the information you need. ...
Overview of the finance department The finance team typically partners closely with the legal function to translate the commercial terms set by management and/or sales into arrangements that deliver the strongest financial position for the company. Much like legal, finance tends to interact with every corner of the organisation, unlike many other teams that have little day-to-day reason to engage widely. Working with external suppliers to secure the most suitable partner and the most competitive deal Making sure money owed and due is paid and collected on time Collaborating with all departments so that budgets are followed and not overspent Finance also focuses on safeguarding the business by ensuring payment terms align with operational needs, preserving rights of recourse where the company is the supplier in cases of late or missed payments, and in relation to obtaining the products and services for which it...
Practice Note For in-house legal teams working within tight budgets, the cost of legal support is a pivotal concern. At worst, pricing terms that are not carefully discussed or confirmed can trigger a total collapse in the solicitor–client relationship. This Practice Note sets out guidance on the range of fee arrangements and pricing models open to in-house teams when procuring legal services from a panel of law firms or alternative legal services providers. It addresses the purchase of legal services with a panel of law firms or other legal services suppliers, and negotiation of fee structures and models. It also outlines the value-add options sometimes included during fee negotiations as part of a procurement exercise, such as secondments and training. For a generic illustration of an invitation to tender ( ITT) see Precedent: Invitation to...
This Practice Note This Practice Note sets out the common during-employment restrictions and express clauses used to protect an employer’s interests: limits on involvement in other business activities, steps taken towards competitive undertakings, and obligations regarding the handling of confidential information while employed. It also examines further express provisions an employer may wish to include in the employment contract: a duty to act in the employer’s best interests, requirements to disclose breaches by the employee or others, dealing with approaches from alternative employers, and any intention to resign. Finally, it considers the enforceability of these restrictions. Employees are also subject to certain implied duties throughout their employment. The scope of those duties varies with seniority and whether the individual owes only a duty of fidelity or a more exacting fiduciary duty (see Practice Note: The duty of fidelity and fiduciary...
Updated in March 2025 Introduction The Republic of Indonesia, home to an estimated 285.7 million people in 2025, continues to be Southeast Asia’s biggest economy and a major presence in the global economic arena. As worldwide focus shifts further towards Asia, Indonesia’s position as a prominent destination for trade and investment is unmistakable. As an ASEAN member, it benefits from the bloc’s resolve to widen and deepen collaboration among member states to establish a free trade zone, evidenced by the rapid enactment and development of the ASEAN Economic Community. Indonesia is the only Southeast Asian nation within the G20, the forum of the world’s wealthiest nations. The country’s abundant natural resources underpin its prosperity, with significant revenues derived from petroleum, natural gas, and other mining activities. Agriculture also remains a vital component of the economy. By 2030, Indonesia is forecast to be among the world’s top ten...
Updated in December 2025 Introduction India remains one of the fastest growing economies globally. Foreign Direct Investment ( FDI) in FY 2024–25 reached US$80.62bn, the highest level in the past three financial years. In the first half of FY 2025–26, total FDI inflow was provisionally US$50.36bn, marking a 16% rise on the first half of FY 2024–25, which recorded US$43.37bn. As the world’s third-largest startup hub, India’s startup ecosystem is alive with innovation, ambition and a vibrant entrepreneurial mindset. Around 201,335 recognised startups have generated over 21 lakh jobs nationwide, with at least one recognised startup present in every state. This Practice Note offers a broad legal overview for doing business in India. It is drafted in general terms, and how it applies to any particular matter will depend on the specific circumstances. Readers should seek their own professional advice, and this Practice Note should not be...
What is a company? A company is a distinct legal person, separate from its owners. Members own it, while directors run it day to day. Its framework is set by the Companies Act 2006 ( CA 2006). As a business structure, it is widely adopted; more than 5 million companies are registered across the UK. The CA 2006 recognises several forms, including: Public or private companies limited by shares Private companies limited by guarantee (used chiefly by charities and other not-for-profit organisations—see Practice Note: Companies limited by guarantee) Unlimited companies (uncommon—see Practice Note: Unlimited companies) This Practice Note focuses on forming public or private companies limited by shares, as these are the predominant models. Why set up a company? A principal attraction of incorporation, compared with trading as a sole trader, a partnership or another vehicle, is the separate legal...
This Practice Note sets out how to use a mix of internal communication formats while supporting remote colleagues, hybrid teams and those with additional requirements. It also looks at creating effective two-way dialogue, the contribution of training to better communication, and how to evaluate the impact and success of your communication strategy. Embracing a range of formats Strong communication fosters an inclusive, engaged and high-performing workplace in which every individual feels recognised and understood. By adopting varied channels, firms can raise the quality of internal communications. A range of methods also helps meet the needs of remote and hybrid workers, and people who are neurodivergent or have other additional needs. Many organisations have traditionally leaned on emails and diarised meetings, but technological advances mean alternative formats should be considered. On their own, these methods may not be sufficient or accessible for everyone. Broadening the mix helps ensure...
Efficiency improves through five core steps: identify (and define) which process requires enhancement measure the issue analyse your data optimise the process control, ie embed the revised process so it becomes business as usual Management consultants commonly label this the DMAIC framework. This Practice Note takes you through step one. For further detail on continuous improvement and the remaining four stages, see Practice Note: Simplifying continuous improvement—law firms. It outlines two ways to identify and define which processes need improving, ie by: identifying where your processes create waste, as waste signals an inefficient process determining whether your way of working delivers what your clients want (within reason, ie within the range of what you are prepared to do for your clients) It also sets out some tactics to bring staff on board at this early...
This How-to guide helps organisations to shape a corporate social responsibility ( CSR) strategy and to draft and put a CSR policy into practice. It outlines key points to consider and signposts useful tools. This Practice Note covers: what CSR is considering how CSR can help developing a business case for CSR key staff members formulating the organisation's approach to CSR formulating the organisation's CSR policy CSR policy precedent implementing CSR reviewing the CSR policy For information on regulatory requirements relevant to CSR, see Practice Note: Corporate social responsibility ( CSR)—regulatory requirements. What is CSR? CSR is a self-regulating approach through which an organisation oversees the effects it has on economic, social and environmental aspects of society. It is commonly understood as a commitment to go beyond profit alone, to operate responsibly, and to embed...
This Practice Note examines general partnerships established under the Partnership Act 1890. It sets out the key statutes and case law that shape the legal framework for partnerships. It also explains how to assess whether an individual is a partner, when partners may properly be regarded as employees or workers, the extent of a partner’s authority, partners’ liability for the firm’s debts and obligations, and the treatment of partnership property... Sources of partnership law The principal source of law for a general partnership governed by English law (as distinct from a limited liability partnership, a limited partnership, or a partnership incorporated under Scottish law) is the Partnership Act 1890 ( PA 1890), which has remained largely unchanged for more than a century. However, it is not a comprehensive code: it expressly preserves the rules of equity and common law applicable to...
This Practice Note outlines the core principles for recovering damages arising from contractual breach. It addresses the compensatory purpose of damages; categories covering pecuniary and non-pecuniary loss; nominal damages; damages available under the Sale of Goods Act 1979 ( SGA 1979); the operation of default damages clauses; contractual mechanisms for remedying a breach; and the availability of interest. As stated by Baron Parke in Robinson v Harman, the party who suffers loss through breach should, in terms of damages, be placed in the position they would have occupied had the contract been performed... Compensatory function of damages for breach of contract The ordinary role of contractual damages mirrors that in tort: they are compensatory (see, for example, British Westinghouse v Underground Electric Rlys). The purpose is to make good the actual loss sustained by the innocent party and, so far as money can achieve it, to place them in...
Practice Note: bonus plans for employees and directors This Practice Note explores how bonus arrangements operate for employees and directors. It considers the two principal forms of scheme: discretionary and contractual. It looks closely at discretionary awards, covering eligibility, the exercise of discretion, limitations and expectations. The Note also addresses tax aspects of bonus plans and what follows when they are ended. It sets out points relevant to scheme design, drafting issues and regulatory matters, including compliance with the UK Corporate Governance Code. Finally, it considers how pregnancy or maternity leave, part-time or fixed-term status, long‑term sickness and linked discrimination concerns affect bonus schemes and payments, available remedies, and the routes for bringing bonus claims in the employment tribunal or the court. Bonuses can strongly motivate and help retain staff while enabling employers to manage wage costs. In some sectors and...
ARCHIVED: This Practice Note is archived and no longer maintained or updated. After the government published its COVID-19 Response: Living with COVID-19, which ultimately removed the remaining domestic coronavirus ( COVID-19) legal restrictions in England from 24 February 2022, the ICO released a brief form of guidance on data protection and COVID-19, replacing the earlier, more specific guidance. See: LNB News 28/03/2022 91. This Practice Note reviews the position under the ICO’s former, more detailed guidance on testing and vaccination, which was withdrawn in full from 28 March 2022. It addresses the issues that emerged in the employment setting and workplace concerning Coronavirus ( COVID-19) testing and vaccination, and verification of COVID status, namely the NHS COVID Pass displaying a person’s relevant vaccination information or test outcomes. For sample policies relating to the...
This page brings together EU resources that cover matters of commercial law. For general guidance on EU law, consult: EU structure ( EU Law)—overview EU legislative process ( EU Law)—overview EU judicial system ( EU Law)—overview EU rights and policies ( EU Law)—overview EU public procurement ( EU Law)—overview Agency, distribution and franchising Agency, distribution and franchising ( EU Law)—overview The European Franchise Federation ( EFF) The EU Commercial Agents Directive The EU unfair business-to-business trading practices in the agricultural and food supply chain Directive Key EU competition law issues in distribution/reseller agreements Article 101(1) TFEU—the prohibition on restrictive agreements Article 102 TFEU—the prohibition on abuse of dominance Introduction to the application of Article 101 TFEU to vertical agreements The Vertical Block Exemption Regulation 2022/720 Analysing vertical...
All regulated law firms and practitioners must promote equality, diversity and inclusion. This goes beyond ticking legal or regulatory boxes; quite simply, it is the right course of action. The Solicitors Regulation Authority ( SRA) expects you to act proactively and take proportionate steps to foster diversity across every level of your firm. Building an inclusive, diverse team is not only ethically sound. It can also bolster public trust in the profession and deliver clear business gains. It boosts motivation, improves retention, helps you attract the strongest candidates in the market, and cultivates a culture where people feel able to perform at their best. This Practice Note guides you through the key considerations in creating an inclusive and diverse workforce within your law firm. The Solicitors Regulation Authority ( SRA) has issued guidance on diversity in recruitment, retention and...
As automation and workflow tools become embedded in lawyers’ daily work, organisations are increasingly recognising the gains they deliver, including: higher productivity greater efficiency and shorter timescales operational efficiency and cost savings improved data and management information enhanced risk visibility and the ability to manage it faster speed to market—eg the capacity to shorten sales cycles New ways of working affect people as well as processes, and securing buy-in from the immediate team and the wider business is essential to project success. This depends on thoroughly analysing current processes to understand how workflows can be refined. Crucially, the business must be ready to embrace innovation—effective change management is vital. For more on change management, see subtopic: Managing change. This Practice Note examines automating contracting and contract lifecycle management, addressing: what contract lifecycle management is; the challenges of contracts and how to tackle them; the advantages of contract management solutions; the benefits of...
FORTHCOMING CHANGE : From 6 April 2020, the Employment Rights ( Miscellaneous Amendments) Regulations 2019, SI 2019/731, broaden the entitlement to a written statement of employment particulars so that it covers every category of ‘worker’, not only ‘employees’. Taking effect on the same date, the Employment Rights ( Employment Particulars and Paid Annual Leave) ( Amendment) Regulations 2018, SI 2018/1378, convert this into a day one entitlement that applies when an individual begins work and stipulate that additional details must appear in the statement, including the specific days of the week to be worked (and how these may vary in practice), the terms and conditions governing any paid leave, particulars of any other benefits, and any probationary period and training requirements. For further detail, see our reports: LNB News 18/12/2018 123 and LNB News 19/12/2018 122. See also Practice Note: Written...
Certain specified employees have the statutory right to make a request to undertake study or training This entitlement applies to employees working for organisations with 250 or more staff who meet the qualifying service requirement (see: Eligibility and qualifying period, below). Although the scheme was originally intended to be broadened to include smaller employers, the government deferred that step to allow further evaluation of the likely impact on small businesses, and there are currently no plans to proceed with any extension. The approach to counting the number of employees for these purposes is prescribed by the Apprenticeships, Skills, Children and Learning Act 2009 ( Commencement No 2 and Transitional and Saving Provisions) Order 2010 ( Commencement No 2 Order 2010), SI 2010/303. For a pro-forma policy aligned with the statutory arrangements, see Precedent: Policy—time off work for study and training. Official guidance on this right can be...
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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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