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This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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This Practice Note explores techniques that will help you present with assurance and authority, build trust with your audience and convey a message that is remembered for all the right reasons. It applies to presenting both in person and online, and it complements the Practice Notes: Presenting with confidence—in person and Presenting with confidence—virtually. Why presenting with confidence is important A self-confident speaker earns the audience’s confidence, which then bounces back, further lifting the speaker’s own assurance. Stand-up comedians commonly open with a burst of rapid-fire gags the moment they step on stage, signalling ‘trust me, I know what I’m doing, and I can make you laugh’. The first few minutes truly shape the tone for the entire session, so be sure to project confidence immediately. Adopting a clear, assured voice throughout will enable you to: build confidence—a confident tone reassures your audience of your...
This Practice Note sets out SRA requirements and guidance on applying for admission as a solicitor following a training contract. It does not address qualification through the Solicitors Qualifying Examination ( SQE) or via an apprenticeship. Admission requirements Under the training contract route, a trainee seeking admission must: Complete the academic stage by undertaking one of: a qualifying law degree the Common Professional Examination an Exempting Law Degree, ie a qualifying law degree that incorporates a Legal Practice Course an Integrated Course, ie a course combining the foundations of legal knowledge and the Legal Practice Course Complete the vocational stage by: passing the Legal...
This Practice Note sets out the reasons to track and evaluate absence within your firm, the legal points to consider when putting monitoring in place, and how to select and roll out the most suitable absence management system for your firm. For further information and guidance about absence management, see: Practice Note: How to develop and implement an absence management strategy—law firms Practice Note: Dealing with long-term or chronic sickness Practice Note: Sick pay Precedent: Example absence management strategy—law firms Precedent: Sample operational objectives for implementing an absence management strategy—law firms Precedent: Absence strategy effectiveness audit The purpose of monitoring and assessing absence A structured approach to tracking and reviewing absence lets you collect qualitative and quantitative evidence to pinpoint the most cost-effective actions for managing and limiting the impact of absence on your firm. puts absence in sharper focus and keeps absence management on the business agenda helps you determine the most...
This ‘ How to’ guide sets out how to suspend an employee (or worker) for the purposes of an investigation. It explores the legal considerations that arise when an employer is contemplating a temporary exclusion from duties, potential alternatives, the entitlement to be accompanied, the timing and manner of any suspension, and who ought to implement it. It further reviews how long a suspension may last and the individual’s entitlements while suspended, including pay. The Practice Note also covers support for mental health throughout the process, actions to take when the suspension concludes, record-keeping obligations, and how a suspension might be challenged. A suspension is a period during which an employer requires an employee to step back from their usual role. For those who typically work on-site and/or visit customers, they will not attend their standard workplace while suspended. For home workers, it means not...
What is retirement planning? How do you and your organisation perceive retirement? Is it welcomed or approached with dread? Do you actively prepare for your own and colleagues’ exit from work, or is it the proverbial elephant in the room, left untouched in the hope that something, someday, will sort it out? For professionals, lawyers included, the path towards stepping back can feel demanding. Effective planning for retirement needs to consider several strands: finances your partnership agreement regulatory matters business continuity retirement as a career Tackling these points early can shape a coherent plan that eases the shift for both the individual and the firm. Finances It is common for partners to weave business elements into personal financial arrangements, eg valuing goodwill on exit, property stakes, or even disposing of the practice. All too often these remain ideas without a robust approach to...
What is leadership succession planning? The smooth handover of leadership is a significant hurdle for any organisation, big or small. Managed poorly, it can seriously harm your business. Succession planning is the deliberate sourcing and nurturing of capable people to assume your firm’s principal leadership posts. It typically unfolds over years, during which individuals are coached, developed, and then advanced into progressively more challenging positions. The opportunities on offer energise people and broaden your reservoir of talent. Robust succession planning ensures you have a leader, or leaders, ready to move the organisation forward when you: unexpectedly lose an essential member of the leadership team require a shift in pace or approach aim to concentrate on fresh markets are looking to grow confront retirement issues must finalise a...
Lexcel is the Law Society’s benchmark for practice management. Accreditation is not mandatory, though Lexcel status can assist firms seeking accreditation under the Conveyancing Quality Scheme ( CQS) or the Legal Services Board’s Specialist Quality Mark ( SQM). This Practice Note highlights specific Precedents you may use or tailor, where appropriate and necessary, to meet the requirements of Lexcel v6.1. 1. Structure and strategy For detailed requirements, see: Lexcel practice management standard version 6.1......
This Practice Note explores the notion of ‘reasonableness’ in relation to particular kinds of employment post-termination restraints (restrictive covenants), such as territorial limitations and non-compete clauses, alongside non-solicitation, non-dealing and no-poaching (no-employment) provisions. Since any post-termination restraint amounts to a restraint of trade agreed by contract, it will, even where validly incorporated into an employment contract (see Practice Note: Incorporation of post-termination restrictions), offend public policy and be unlawful unless: the party seeking to uphold the restraint can show a legitimate business interest requiring protection, and the restraint is reasonable as between the parties and accords with the public interest For wider guidance on restraint of trade in the employment sphere, see Practice Note: Restraint of trade in employment. For further guidance on legitimate business interest, see Practice Note: Legitimate business interest. Reasonable as between the parties For a restraint to be reasonable in the parties’...
Although damages are the principal remedy for a contractual breach (see Practice Note: contractual damages—general principles and related content), there are times in contract disputes—particularly where the agreement has not, or not yet, been breached—when damages are unavailable or not the most fitting response. In those circumstances, the court has a discretionary power to grant equitable relief, which may include: specific performance of any outstanding contractual obligations declaratory relief, for example as to the construction of a particular contractual term injunctive relief (interim or final) compelling a party in breach/about to breach to act or to refrain from acting rectification of a contract or of a deed rescission of a contract or of a deed Where damages for breach are claimed they are ordinarily advanced and, if granted, assessed by reference to the accepted compensatory purpose of contractual damages, ie to place the innocent party in the position they would have...
This Practice Note outlines how far an employer may probe a candidate about past convictions and cautions, and when checks with the Disclosure and Barring Service ( DBS) can be undertaken. Employers might seek confirmation of a criminal record because: it bears on the individual’s integrity and fit for the role, or the detail is needed to satisfy regulatory requirements Details can be obtained by questioning the applicant or by requesting DBS searches. Key principles As a rule, employers are not entitled to unrestricted disclosure of all historic convictions and cautions. Under the Rehabilitation of Offenders Act 1974 ( ROA 1974), convictions and cautions may become spent and the person is treated as ‘rehabilitated’ once the rehabilitation period ends—see: Spent convictions and Effect of rehabilitation below. However: some sentences never become spent—see: Excluded sentences (never spent) below, and there are...
The Law Society’s Conveyancing Quality Scheme ( CQS) is the recognised benchmark for residential conveyancing firms. Per the Law Society, attaining membership gives participating practices a demonstrable level of credibility with key stakeholders, including regulators, lenders, insurers and consumers. This Practice Note highlights particular Precedents you can adopt or adapt to satisfy discrete CQS obligations. Section 1. Structure and strategy For detailed requirements, see: CQS Core Practice Management Standards. Management structure Refer to Precedents: Financial management policy—law firms Governance arrangements—law firms, which is designed to align with a governance structure chart: Solo governance and supervision structure chart Sole practitioner governance and supervision structure chart Non-departmentalised partnership governance and supervision structure chart Departmentalised partnership governance and supervision structure chart Corporate structure governance and supervision structure chart ...
This Practice Note distils the law, guidance and practical approach to varying contracts and deeds. It outlines how a contract or deed can be changed in writing, orally or by conduct, and also addresses unilateral variation, waiver and sustained minor breach. It offers practical and drafting pointers, flags issues when adjusting business-to-consumer contracts, public contracts and third party guarantees, and considers third party rights on variation. For a step-by-step guide to contract variation with full resources, see Practice Note: How to vary a contract. Where a variation stems from renegotiation after difficulties during performance, see also Practice Note: Managing difficulties in commercial contracts for further guidance. When is a contract variation appropriate? In commercial life, parties rarely operate only through isolated, stand-alone agreements; rather, relationships evolve over time, which may necessitate changes to existing contracts. Variations may arise and be proposed for many reasons,...
Affirmation signifies an intention to carry on with a contract. It may arise where there is: a repudiatory breach of contract (including anticipatory breach (renunciation)), or a misrepresentation entitling the innocent party to rescind the contract It is crucial to understand what affirmation entails and what it demands, so you are alert to the risks if a counterparty commits a repudiatory breach. A lack of understanding could result in your client failing to affirm a contract it wishes to continue, or accidentally surrendering its right to terminate by accepting a repudiatory breach. This Practice Note concentrates on affirmation in the event of repudiatory breach. For affirmation in the setting of misrepresentation, see where other remedies are available below. and repudiatory breach A repudiatory breach is a breach of contract that strikes at the very core of the agreement, empowering the innocent party to treat the...
Producing a proposal document demands more than good writing skills. Several distinct tasks must be completed to the right timetable and in the proper order. Co-ordinating the team’s input calls for care, planning and resolve. If key steps are missed or mistimed, the process can rapidly slip out of control. This Practice Note offers guidance for law firms on important points to address when preparing a proposal document. It assumes the firm has chosen to pitch. For further guidance on pitching for business, see Practice Note: Pitching for business and Precedent: To bid or not to bid questions. The importance of good management Effective management and clear leadership are essential to deliver a compelling proposal. This can rest with one person or be shared, for example by the pitch lead and a senior BD person. In a joint arrangement, the pitch lead...
Updated in October 2025 Introduction Brazil ranks fifth globally by land area (3,287,956 sq mi) and seventh by population (a little over 213,000,000). With a US$2.12trn economy, as projected by the International Monetary Fund for 2025, it places tenth worldwide by nominal GDP. As South America’s largest state and a leading participant in BRICS and the G20, Brazil occupies a pivotal position in the international economy. Its corporate landscape is constantly evolving, influenced by shifts in domestic policy, worldwide macroeconomic tides, and a sustained drive to build a more favourable setting for investment. Grasping these layered dynamics is essential to succeed, and this paper seeks to arm readers with the core understanding needed to approach the market with confidence, acknowledging both its core advantages and current hurdles. As a fast-moving emerging market, Brazil continues to draw strong global interest for its expansion prospects and...
This Practice Note sets out what law firms and solicitors must do under the SRA Code of Conduct for Solicitors, RELs, RFLs and RSLs (the Code for Individuals) and the SRA Code of Conduct for Firms (the Code for Firms) regarding referrals and fee‑sharing arrangements. The SRA’s core regulatory obligations concerning referral and fee‑sharing arrangements are contained in the two Codes of Conduct, which should be read carefully and applied properly in the context of the SRA Principles ( SRA Principles). It also reflects current SRA guidance, which is concerned almost entirely with personal injury referral fees. It addresses scenarios in which a third party sends clients to you and/or you make a formal fee‑sharing arrangement with a third party. A different Practice Note covers occasions when you put clients in touch with third parties—see the Practice Note: Introductions to third...
This Practice Note outlines the practical steps an employer should take when an employee resigns and there is suspicion of prospective competitive activity. It covers the initial response, strategies where the resignation breaches contract, exit interviews, and considerations around suspending the employee. Garden leave is addressed, as are dismissal and constructive dismissal. Finally, it looks at enforcing post-termination restrictions. Initial response It is entirely possible that the first clue of potential competitive behaviour arises when the employee tenders their resignation. The employer’s reaction is crucial, so managers most likely to receive notice should be trained on the appropriate way to respond. In many situations, a sufficient reply is for the manager to accept any resignation letter, confirm they will liaise with HR, and explain that the employee will be invited to a later meeting to discuss the necessary details and the...
Pension loss typically arises only when someone has lost their job, together with the related workplace pension benefits linked to that particular position too......
This Practice Note concentrates on the legal framework and practical steps for appointing directors, and the procedures by which a director may retire or step down from office. It examines the role performed by a director. It also considers the different types of director in a company. It outlines the required notifications and related actions on any director change, including updating statutory registers and submitting filings to Companies House as necessary. The note reviews the pertinent provisions of the Companies Act 2006 ( CA 2006), together with the company’s articles of association. It further addresses the additional requirements for appointing, retiring and resigning directors of listed public companies, including the UK Corporate Governance Code ( UKCG Code), which applies to UK and overseas companies with a listing of equity shares in the equity shares (commercial companies) category in the UK (listed...
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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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