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:
Practice Note—bereaved partner’s paternity leave This Practice Note reviews the entitlement of an employee to be away from work to care for a child during the first year after the child’s birth, placement for adoption, or, for an overseas adoption, the child’s entry into Great Britain, where the child’s primary carer dies on or after 6 April 2026. The entitlement is contained in the Bereaved Partner’s Paternity Leave Regulations 2026, SI 2026/237 ( BPPL Regs 2026), made under sections 80A, 80B and 80C of the Employment Rights Act 1996 ( ERA 1996). Acas has issued guidance on bereaved partner’s paternity leave. The Practice Note explains: who is eligible the notice requirements when BPPL can be taken rights while on BPPL the right to return after BPPL protection from detriment or dismissal for exercising the right remedies for a parental BPPL claim For a sample policy addressing the right to BPPL, see...
A challenging task best avoided? Winston Churchill remarked, ‘ Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning.’ Those lines offer some reassurance that, with careful handling, even the toughest moments can usher in a fresh start. This Practice Note explores how to manage the winding down of a legal practice so that your next chapter is set up well. Bringing a legal practice to a close is rarely straightforward and benefits from forethought, yet many closures arrive unexpectedly. Historically, they often followed the sudden death or serious illness of a sole principal, or arose after regulatory action. In today’s shifting legal landscape, however, a growing number of firms confront closure because of financial strain or difficulties obtaining professional indemnity insurance ( PII). Ending any business can be complex and...
This how-to guide is intended for law firms. It sets out what is required to measure client satisfaction and explains how to gather feedback on the service your firm delivers, including guidance on designing an effective client satisfaction survey. If your firm holds Lexcel accreditation, you must operate a procedure to monitor satisfaction across every area of the practice. Lexcel requirements are mandatory for firms that have, or aim to obtain, Lexcel accreditation, and they generally represent good practice for other firms. The Lexcel Standard does not prescribe a single method for monitoring client satisfaction. The Solicitors Regulation Authority has published resources on engaging with online reviews, outlining practical steps to help you strengthen your business by taking part in online review activity. It has also issued further resources on proactively engaging with comparison websites. The SRA’s information encourages firms to interact with clients who leave...
Updated in October 2025 Introduction China, formally the People’s Republic of China ( PRC), became a sovereign nation in 1949 and is governed by a sole political party, the Communist Party of China ( CPC). Covering roughly 9.6 million square kilometres, it is home to more than 1.4 billion people. The country comprises 23 provinces, five autonomous regions, two special administrative regions ( Hong Kong and Macau), and four municipalities under direct central administration ( Beijing, Shanghai, Tianjin and Chongqing). Beijing serves as the capital, and Mandarin is the official language. Ongoing economic and political reforms under the CPC have fostered political stability, economic freedom and legal certainty, positioning China as a top destination for foreign investment and as one of the world’s largest consumer markets. It is the world’s second-largest economy and actively pursues an open stance that promotes...
Updated November 2025 Chile stands as South America’s most economically stable nation and, per the World Bank, qualifies as a ‘high‑income economy’. It also records the region’s top economic freedom rating—22nd globally—according to the 2023 Index of Economic Freedom. This ranking signals its pro‑trade, pro‑investment stance, a clear and transparent regulatory framework, and a robust rule of law, all of which underpin sustained economic dynamism. Legal frameworks for operating in Chile Frameworks for operating in Chile In commercial practice, and under current Chilean legislation—which we outline in the next section—non‑residents have multiple avenues to invest in Chile. As a general principle, there are no restrictions on non‑residents conducting business in Chile or investing in domestic companies. Local law recognises several company forms. Owing to its versatility, the joint stock company ( Sociedad por Acciones ) is commonly preferred; however, the optimal vehicle will reflect investor...
Updated in December 2025 Introduction Canada offers a steady, reliable and broad-based economy. It is the fourteenth-largest globally by total GDP, has a banking sector regarded as among the safest worldwide, and ranks within the top four G20 nations for ease of starting and running a business. Over the past decade, rapid expansion has created a strong operating climate, marked by the G-7’s lowest net debt-to- GDP and its most pro-business tax regime. With advantages including swift, dependable access to the vast North American marketplace via the United States– Mexico– Canada Agreement ( CUSMA), modest operating costs and corporation tax, and a highly skilled, well-educated talent pool, Canada’s performance routinely surpasses that of many other industrialised economies. Businesses can be structured in several forms in Canada. This Practice Note sets out key issues a new business should weigh before commencing operations in Canada. It is not...
Most law firms have rainmakers who stand out for their ability to win work, yet many lawyers view selling as distasteful—a frequent remark is that they did not become a lawyer to engage in sales. This is hardly unexpected, as common stereotypes portray lawyers and salespeople as drawing on very different capabilities. Typically: lawyers are regarded as highly analytical, understated, risk-averse, considered, reserved, and accustomed to operating in a regulated environment sales personnel are, by contrast, seen as more opportunistic, extrovert, and readier to take risks It does not have to remain so—a few modest wins can turn a wary lawyer into a self-assured business developer. For many, it simply takes clarity on how the sales process works, a readiness to give it a try, and a handful of good experiences. This Practice Note offers guidance on selling to new...
Labour and employment— Bulgaria— Q& A guide [ Archived, 2018 edition] This international employment law guide for Bulgaria is presented in a Q& A format, with the questions set out below. Please note this is the archived 2018 edition; the 2019 edition does not contain an updated guide for this country. The guide can be accessed by clicking the hyperlink immediately below. The questions explored in the guide are: Legislation and agencies Which principal statutes and regulations govern employment? Is discrimination or harassment at work prohibited? If so, which categories are protected under the law? Which primary government bodies or other entities are responsible for enforcing employment legislation and regulations? Worker representation Is there legislation requiring or permitting the establishment of employees’ representatives in the workplace? What powers do they have? Background information on applicants Are there any limits or...
This Practice Note is aimed at law firms. It looks at how you can raise your people’s financial awareness so they are both more willing and better able to help you meet your financial targets. Financial awareness—why it should matter to fee earners? It is unsustainable to have capable fee earners who deliver excellent client service yet generate no profit from their work. To produce healthy margins, your fee earners must know the law and be attentive to every client’s needs, but these abilities on their own do not secure profit. Lawyers who grasp how a firm’s finances operate can satisfy clients’ expectations while simultaneously producing strong profits for the practice. In turn, the firm can reinvest in its people and its clients, fuelling even greater profitability. Fee earners with a commercial mindset are also more likely to give clients sound commercial guidance, not just advice that is...
What used to be called ‘training’ is now more commonly known as ‘learning and development’ ( L& D), recognising that people learn in many ways and not merely by going on courses. This reflects that learning happens in numerous formats and settings, not just through classes. L& D spans structured and self-directed activity too. L& D represents any chance to learn within the firm. It includes, though is not restricted to: attending training courses completing online tutorials viewing webinars on-the-job coaching mentoring reading carrying out research Regulatory requirements The Solicitors Regulation Authority ( SRA) obliges solicitors and registered lawyers to keep their competence to perform their role. For details on the SRA’s continuing competence regime, see Practice Note: The continuing competence regime. Firms that hold, or are working towards, Lexcel — the Law Society’s voluntary practice...
In a high-performance culture, people are deeply engaged, energised and aligned with the firm’s aims. This culture lifts client satisfaction and overall firm performance. In a highly competitive job market, it helps you attract and retain top talent. What is a high-performance culture? It is an organisational environment that puts excellence, engagement and continuous improvement first. It aligns individual and team values and goals with those of the firm, enabling the firm to exceed client and business objectives. a clear vision and set of values shared and understood across the firm engaged, empowered people who take ownership of their roles an environment that encourages continuous learning for individuals and teams accountability and recognition that reward the required behaviours and performance, address gaps and hold everyone fairly to account Culture is set from the top. Whatever the mission and values say, people look to...
Updated in November 2025 Introduction This Practice Note outlines essential points a company should weigh before starting operations in Bolivia. In the 1990s, Bolivia—much like many nations—pursued a broad programme to privatise state enterprises and certain public services, introducing complementary legislation that encouraged significant foreign investment. This was especially evident across hydrocarbons, telecoms, railways, electricity, water provision and, to a lesser degree, mining. The new century began with public pushback and social unrest against these measures. In Cochabamba, privatising the water system alongside notable tariff rises sparked the so-called 'water war'. Civil and political opposition culminated in the cancellation of the concession held by a group of foreign investors. This, in turn, led to an international arbitration claim that was ultimately settled. A comparable episode followed with the water utility in the main city of La Paz. Resistance to...
This Practice Note sets out a range of approaches for gauging a law firm’s financial performance. It further offers guidance on analysing and benchmarking financial data so that results can be compared with prior years and with competitors. It explains how to interpret trends and set benchmarks for meaningful comparison. What key aspects of performance need to be measured? Firms must look at income, expenditure and cash flow together to avoid running out of funds. Income Expenditure Cash flow This information should be reviewed routinely, at least once a month, and budget holders should monitor the figures for which they are accountable. Regular, at least monthly, reviews are essential. Fee income Fee income fluctuates and directly impacts profit. For that reason, fee generation warrants close oversight, ideally month by month. A downward trend in fees can indicate looming difficulties, especially where overheads are static or rising...
FORTHCOMING DEVELOPMENT : The Pensions ( Extension of Automatic Enrolment) ( No. 2) Bill secured Royal Assent on 18 September 2023, becoming the Pensions ( Extension of Automatic Enrolment) Act 2023 (the Act), and it was published on 19 September 2023. The Act empowers the Secretary of State for Work and Pensions to make regulations to: lower the minimum age at which otherwise eligible workers must be automatically enrolled and re-enrolled by their employers into a pension scheme; remove the Lower Earnings Limit from the qualifying earnings band so that contributions are calculated from the first pound of pay; adjust the requirements for the annual review of the qualifying earnings band. Changes to eligibility for automatic enrolment will be introduced following consultation on the detailed method of implementation and timing. The commencement of section 1 of the Act will be “on such day or days as the...
This Practice Note This Practice Note examines the range of sanctions applied to employers and other parties for breaches of the pensions auto-enrolment regime, alongside the protections available to workers under that regime. It covers automatic unfair dismissal or detriment arising from pensions issues, whistleblowing, and enforcement action. It also addresses settling relevant claims by COT3 or by settlement agreement (formerly described as a compromise agreement). The auto-enrolment framework, created by Part 1 of the Pensions Act 2008 ( Pen A 2008), imposes a statutory obligation on employers to arrange the auto-enrolment of all ‘eligible jobholders’ into a ‘qualifying scheme’. Employers are likewise required to make contributions to that scheme for eligible jobholders. The regime contains a number of provisions that impose penalties on employers and other parties for non-compliance. For additional detail, see Practice Note:...
Updated in January 2025 Introduction Australia’s resilient economy, a talented multilingual labour force, favourable tax settings and a predictable political climate position it as a prime destination for overseas capital. Businesses also benefit from comparatively modest establishment costs, proximity to the Asia– Pacific, a dynamic finance industry, and a time zone bridging the United States market close and Europe’s opening. Before the global coronavirus ( COVID‑19) outbreak, Australia ranked among the quickest‑expanding economies in the Organisation for Economic Co‑operation and Development ( OECD). Relative to many OECD peers, it managed the immediate health and economic shocks of COVID‑19 effectively. As elsewhere in the OECD, though, the short‑run effects of domestic and international stimulus during the pandemic years—together with external influences such as the war in Ukraine and local issues including COVID‑19‑related construction backlogs—have driven stronger inflationary pressures in Australia and prompted a period of firm...
Practice Note All regulated law practices and practitioners are required to behave in a manner that promotes equality, diversity and inclusion. This goes beyond mere compliance with legal and regulatory duties. Quite simply, it is the ethically correct approach. Additionally, it can build public trust in the legal sector and deliver advantages for your firm’s commercial performance. The Solicitors Regulation Authority ( SRA) expects you to act proactively and take proportionate steps to foster a diverse workforce across every level of your firm. This Practice Note shares guidance for firms on drawing in diverse talent to join them. It explores what is meant by diverse talent, varied methods for recruiting such talent, the value of employer branding, and where responsibility for attracting diverse talent should sit. Further material on particular elements of diversity and inclusion ( D& I) is available in Practice Notes: ...
Having put in place a contract management process (see Precedent: Legal contract management process), your organisation will probably expect you to assess how the legal team performs that process, so its efficiency and effectiveness can be tracked. This Practice Note aims to help you create appropriate performance measures. Why assess? To confirm the business runs efficiently, you must set defined objectives and pair them with key performance indicators ( KPIs) that show whether those objectives are achieved. That principle applies whatever part of the enterprise you are overseeing. Contract management—arguably the legal function’s most fundamental workflow—should not be treated differently. The challenge, however, is that metrics for legal contract management are influenced by dependencies and delays caused by third parties, both inside your organisation and externally. Moreover, contracts differ widely from case to case in risk and complexity, making it hard to define sensible KPIs that remain...
Communicating your viewpoint with calm assurance is vital for any legal professional, yet many of us at times feel far from assertive. This Practice Note sets out what may trigger fluctuations in your assertiveness and what you can do to support yourself. What is assertiveness? People often speak about assertiveness without clearly stating what they mean. Collins defines it as ‘the quality of being able to express one’s opinions or desires in a clear and direct manner’. Assertiveness involves trusting yourself and standing up for your own rights while still respecting the rights of others. It is founded on the belief that other people’s needs and rights are just as important as our own. Assertive individuals can express themselves confidently, explain their position and what outcome they want, without slipping into passive, aggressive or manipulative behaviour. Those with strong assertiveness skills show genuine interest in and care for...
This Practice Note examines the statutory right to paid time off for antenatal care for pregnant employees and agency workers This Practice Note considers the statutory entitlement under the Employment Rights Act 1996 ( ERA 1996). An employer—or, where relevant, a temporary work agency or hirer—must not unreasonably prevent a pregnant employee, or a pregnant agency worker, from taking time away from work to attend antenatal appointments for antenatal care. Such time off for antenatal appointments must be paid. There is also a distinct entitlement to unpaid time off during working hours to accompany a pregnant woman to an antenatal care appointment: see The right to time off to accompany to antenatal appointments, below. Comparable provisions apply for time off to attend adoption appointments—see Practice Note: Time off work for adoption...
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 ]...