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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:
Most recent Practice notes
This Practice Note outlines the matters an employer must weigh up when obtaining medical assessment reports for their staff and prospective recruits......
This Practice Note explores the qualities of effective leadership and outlines five core abilities that help leaders bring out the best in themselves and their people. In Emotional Intelligence (1995), Daniel Goleman explained why exceptional leaders succeed beyond technical skill, determination and vision, naming this emotional intelligence ( EI). He identified five key skills: self-awareness self-regulation motivation empathy social skills See Precedent: Emotional intelligence—summary sheet. Self-awareness Often the most vital of the five, without the willingness and capacity to cultivate self-awareness you cannot fully develop the others. Goleman defined it as knowing your strengths, weaknesses, drives, values and the effect you have on other people—see Harvard Business Review, 1998— What Makes a Leader? If you are self-aware you understand: what sits behind your actions and choices your inherent limitations and ways to mitigate them how your conduct...
There are five essential stages for boosting efficiency within a continuous improvement approach: identify the process that requires enhancement measure the issue analyse the data improve the process embed the revised approach until it becomes standard practice Advisers often describe this as the DMAIC framework. This Practice Note gives further guidance on step 5 of the improvement cycle, namely embedding the new process to resolve the problem you have already identified, measured, analysed and improved. As people respond to change in many different ways, this Practice Note looks at the personal emotional impact of change and how you can engage and involve individuals in managing and delivering it. There is crossover with Practice Note: Continuous improvement—law firms—step 5—embed the process—making changes firm-wide, which sets out John Kotter’s method for making change. The distinction is that Kotter’s...
Improving efficiency within a continuous improvement approach involves five core stages: identify (define) which process requires improvement measure the problem analyse the information improve the process control, ie embed the new process so it becomes business as usual Consultants commonly refer to this as the DMAIC framework. This Practice Note centres on step 5, ie embedding the updated process to resolve the issue you first identified (see Practice Note: Continuous improvement—law firms—step 1—identify and define the problem), then measured (see Practice Note: Continuous improvement—law firms—step 2—measure the problem), analysed ( Continuous improvement—law firms—step 3—analyse what's causing the problem) and improved (see Practice Note: Continuous improvement—law firms—step 4—improve the process), using the developing case study drawn from a firm’s new client process. John Kotter's eight-stage process There are many approaches to managing organisational change, yet the best known and most frequently cited is John Kotter’s eight-stage model. These eight stages set out a...
This Practice Note sets out why boosting the efficiency of legal work is vital for law firms and how this can be done without sacrificing quality. Why is work efficiency becoming so important for lawyers? From 1992 to 2008, the UK economy enjoyed 63 consecutive quarters of growth. In that era, many practices lifted profits year on year simply by raising fees, before needing to seek extra instructions. Most firms experienced increases in billable rates as well as in the amount of work, and profits rose markedly. The global financial crisis in 2009 radically altered the landscape for numerous firms, making conditions far more challenging for practices. As a consequence, efficiency in delivery has moved centre stage for lawyers across firms......
This Practice Note is aimed at law firms. It explains why management information ( MI) is necessary and how it ought to be presented and circulated to secure: a shift in managers’ behaviour better financial outcomes Why do you need management information? Every business needs MI to: monitor performance against budget spot variances from budget as early as possible By its nature, MI concerns matters the recipient can influence. Do not circulate data merely because it is interesting; share it because it can drive improved performance. Many law firms have issued MI for years, yet there is often little proof that this has lifted efficiency or results. It may therefore be prudent to reassess what is being shared and pinpoint enhancements. Before computers, most practices produced minimal MI and partners were simply expected to maximise their billings each year. As most costs were fixed, a...
Leadership can be difficult to pin down precisely, yet most of us recognise when it is done well or badly. This Practice Note considers the core ingredients of effective leadership, including: clarifying what effective leadership entails shaping your brand and sphere of influence adopting a balanced scorecard for personal development cultivating emotional intelligence propelling innovation fostering a diverse, inclusive culture What is effective leadership? The starting point is to grasp what the term leader signifies. Broadly, leadership is described as looking outward, while management is often seen as looking inward. In reality, both demand elements of each, but leadership concentrates on scanning the horizon, anticipating change, and crafting strategies so your organisation is best placed to progress and grow. Management focuses on translating those strategies into concrete actions and working closely with teams to deliver the outcomes...
Delegation sits at the heart of managing and developing your team—many abilities cannot be mastered through theory alone. Colleagues must adapt and put that knowledge to work in the ‘real world’ with your expert support; that is where delegation plays its part. This practice note covers: assessing the task and the person using a skills matrix the phases of delegation building capability through gradual delegation troubleshooting common delegation situations tracking delegated work Considering the task and the person For smaller, everyday assignments you may not need to follow every stage in this practice note; but when you are delegating to grow teams, or wrestling with a particular problem, it is reassuring to check you have addressed everything. First, consider the task’s complexity alongside the individual’s capability—are they suitably matched? Things to consider around the task Things to consider around the...
This Practice Note examines alternative ways to resource work, including outsourcing, and links operational efficiency to law firm reward structures, for instance achieving cost control via fixed fees in commercial transactions, and stresses the need to promote value-add services to cultivate mutually beneficial, profitable partnerships with law firms. It does so in practice by pairing efficiency with remuneration structures too. What is innovation? ‘ Innovation’ is often over-used. The term comes from the Latin innovatus, the noun of innovare, meaning to renew or change. In delivering legal services within an in-house setting, four principal strands of innovative practice have appeared: incremental upgrades to service quality alternative resourcing approaches (eg Eversheds Agile, Axiom or Lawyers on Demand) adopting technology re-engineering processes Overcoming barriers to innovation A tougher economic backdrop is intensifying demands for efficiency and effectiveness. Consultancies and technology suppliers are keener than ever to help...
This Practice Note outlines the terms typically found in a partnership agreement for partnerships established under the Partnership Act 1890. It provides an overview of the statutory default rules that operate where no agreement exists, alongside the clauses commonly adopted in a partnership agreement. Partners are, in almost every case, advised to put a partnership agreement in place, so as to prevent the application of unsuitable default rules under the Partnership Act 1890 ( PA 1890), or to augment the statute where it does not go far enough. The PA 1890 expressly contemplates that all partners may, by unanimous consent, vary their statutory rights and obligations......
Introduction New Zealand operates a deregulated, decentralised economy, fully open to international competition. Over recent decades, successive governments have overhauled trade settings by removing many import barriers, winding up most subsidies, and shaping the rules on overseas investment to encourage productive foreign investment into New Zealand across the country over the same period accordingly. The business environment New Zealand is regularly internationally recognised by the World Bank and other organisations as among the world’s most business-friendly jurisdictions. In the World Bank’s Business Ready 2024 report it placed sixth for Operational Efficiency and Public Services, and Transparency International’s Corruption Perceptions Index 2024 rated it the fourth least corrupt nation. New Zealand is an independent sovereign country within the British Commonwealth of Nations. Parliament is elected democratically every three years. The country has no single written constitution. Since 1993, elections have used a Mixed Member...
March 2026 Introduction Hong Kong stands as a leading international financial centre, regularly cited among the easiest places in the world for doing business. Its clear tax regime, established legal framework, solid financial markets, open flow of information, skilled workforce and the government’s enduring capitalist laissez-faire approach have encouraged thousands of multinational companies to set up a presence in the city. By the fourth quarter of 2025, Hong Kong demonstrated resilience, with real GDP for the quarter forecast to grow by 3.8% despite global economic headwinds. Today, the People’s Republic of China ( China) is the world’s second largest economy after the United States and remains one of the fastest-growing major economies. China is progressively shifting from “the world’s factory” towards a substantial consumer and financial market, supported by a more affluent population. Hong Kong’s geographic and cultural closeness to China, combined with its...
This ‘ How to’ guide sets out how to plan and prepare for a disciplinary hearing or meeting, as part of a fair conduct management procedure. When potential misconduct arises, the first step is to carry out a disciplinary investigation. After it finishes, the investigator evaluates the evidence and determines whether there is a case to answer, namely that: the employer has a clearly articulated rule, policy, procedure or standard that rule, policy, procedure or standard may have been breached by the employee if proved, such a breach could reasonably be regarded by the employer as sufficiently serious to justify a disciplinary sanction (it is normally not sensible to proceed to a hearing if, even taken at its highest, the alleged misconduct is plainly too trivial to warrant any disciplinary response) If satisfied that this threshold is reached, the...
Practice Note This Practice Note sets out what business development encompasses in a law firm setting, sketches the principal approaches available and offers a straightforward, six-step route to building an effective business development plan. Every law firm, whatever its size or specialism, must actively secure new business to endure and grow. The UK legal market is becoming ever more competitive; clients are better informed, more cost-conscious, and increasingly ready to switch between firms. Reputation on its own is no longer sufficient to ensure a reliable flow of work. A successful firm needs a defined business development strategy, underpinned by realistic plans, appropriate systems and consistent management. Business development is no longer optional for law firms. Nor is it a dependable or sustainable approach to rely on individual solicitors who naturally attract work through their personal standing and contacts. Many law firms produce...
This Practice Note explores how personal development benefits in-house lawyers. Gains include building business cases for higher pay, helping individuals to maximise their impact on the enterprise, securing the best possible delivery of legal advice to the business, and fostering ongoing individual growth and progression. Although many in-house lawyers regard legal advice as their chief contribution to the organisation, their colleagues in the business may not share that view. They are also appreciated for non-legal commercial skills and business savvy. A programme that concentrates on technical legal capability while overlooking these broader competencies appears skewed and misaligned with the full service in-house lawyers provide to their clients as a whole. Who is responsible for the development of in-house lawyers?......
This Practice Note sets out how cultivating and advancing home-grown talent benefits a firm, preserving critical skills and knowledge in-house while serving as a strong incentive for ambitious, capable individuals. Recruitment is both expensive and protracted, especially for senior appointments—growing leaders internally can be markedly more time- and cost-efficient. This Practice Note covers: how to spot potential coaching and development for leaders personal development plans for future leaders delegation succession planning How to spot potential The key question to pose is: which leadership capabilities do we need now, and which will we require in future? Be crystal clear about the qualities you seek before you begin to look for them. Key skills required of leaders include the ability to: drive and manage change spot and nurture emerging talent encourage creativity and innovation coach and develop...
This Practice Note sets out what personal branding is and why creating and sustaining a strong, authentic personal brand matters for leaders. Branding—personal or otherwise—is not identical to reputation, though the two ideas are closely connected: branding—the ongoing process of shaping a consistent image or impression in others' minds of an individual, group or company reputation—the beliefs or views that other people hold about someone or something Personal branding It was once true that only products carried a brand; yet, with the rise of social media, the notion of people cultivating their own brand has accelerated. Actively managing your personal brand is now crucial. How others see you genuinely counts. A robust, honest personal brand helps anyone seeking to make an impact and should be a central priority for leaders or those aspiring to lead. Recruiters will scrutinise your digital footprint, from...
This Practice Note is for law firms and sets out how to design and implement an effective personal development and appraisal framework. At its core, performance management relies on the employee–manager relationship, with both sides clear on what to deliver to meet personal objectives while contributing to the organisation’s overall aims. Why are appraisals important? A robust performance management approach concentrates on: aligning people with the business’s strategic priorities raising individual performance backing development and retention improving business outcomes recognising and celebrating strong performance Effective performance management enables everyone to grasp: the firm’s objectives how their role contributes to those goals the skills and competences needed to perform their role the standards of performance expected ways to improve and support the firm’s development how they are progressing when performance issues arise SRA...
This Practice Note This Practice Note is aimed at in-house lawyers contemplating transferring certain legal work to external providers. It forms part of a broader suite of guidance and precedents created to support your outsourcing decision-making. It explains how to determine which legal services are appropriate for outsourcing. See also Practice Notes: Legal services outsourcing—in-house lawyers—information gathering Legal services outsourcing—in-house lawyers—outsourcing options Before selecting the services to outsource, you should already have assembled information about: what legal advice your organisation has previously relied upon what legal advice it is expected to require in the future, and the resources available within your legal team See Practice Note: Legal services outsourcing—in-house lawyers—information gathering. The next step is to evaluate which legal services you might consider outsourcing. This Practice Note is intended to prompt consideration of: key practical matters, including your aims in...
Labour and employment— Cyprus— Q& A guide [ Archived, 2016 edition] The Cyprus international employment law guide is arranged in a Q& A format. The key questions appear below. Please note this is the 2016 edition. The 2019 edition does not contain an updated guide for this jurisdiction. No revised Cyprus chapter appears in the 2019 edition. You can access the guide using the hyperlink immediately beneath. The guide considers the following questions: This material remains archived from 2016. The questions raised in the guide Legislation and agencies What are the principal statutes and rules governing employment? Is there legislation outlawing discrimination or harassment at work? If so, which categories are covered by the law? Which main government bodies or other entities enforce employment statutes and regulations? Worker representation Is there legislation requiring or permitting the creation of a workers’ council or workers’ committee in the...
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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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