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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 offers guidance for commercial organisations on composing and rolling out a health and safety policy. It highlights key considerations and points to tools that may assist. It also explains the benefit of having a policy document that both states the overarching commitment to health and safety and sets out the organisation’s aims and targets. This Practice Note focuses on health and safety obligations in an office-based setting. Sector- or workplace-specific duties may arise in other environments. For detail on regulatory requirements tied to implementing a health and safety policy, see Practice Note: Health and safety policy—regulatory requirements. What is a health and safety policy? A health and safety policy is a statement of the organisation’s principles and aims for protecting staff and visitors. It should usually be distinguished from a health and safety plan, which develops and records the concrete measures and...
Putting a carefully designed and accessible health and safety framework in place helps an organisation oversee these matters effectively and efficiently. An organisation should therefore: set out its core principles and aims for protecting the health and safety of its key stakeholders, ie what it intends to achieve (see subtopic: Health and safety policy) identify key members of staff and obtain their input carry out a risk assessment (see Practice Note: How to conduct a health and safety risk assessment) develop an action plan explaining what the organisation needs and why implement the plan, and review the plan This Practice Note explains how to design, implement and review a plan to manage health and safety, and control related risks in an office-based workplace. Other...
How does an in-house lawyer measure the performance of their external law firms? Paul Gilbert sets out some objectives, metrics and examples of incentives. Paul Gilbert outlines objectives, metrics, plus illustrative examples of incentives also......
This Practice Note covers: the non-discrimination rule in section 61 of the Equality Act 2010 ( Eq A 2010) as it applies to occupational pension schemes—see: Non-discrimination rule—an overview below, and discrimination and other prohibited conduct under Eq A 2010, Pt 5 concerning payments to personal pension schemes, together with age-related exceptions—see: Employers’ contributions to personal pension schemes—prohibited conduct below Non-discrimination rule—an overview A ‘non-discrimination rule’ is a provision requiring a responsible person not to do any of the following: discriminate against another person while performing their functions connected with an occupational pension scheme (see: what is an occupational pension scheme below) harass any person in relation to the scheme victimise any person in relation to the scheme For more detail, see: Non-discrimination rule–when it applies below......
This Practice Note This Practice Note explores the character of employment policies and policy documents within the employment context. Policies are akin to guidance: they reflect customary practice, and sound practice, yet they are not declarations of practice that applies in every situation. By their very nature, there will be occasions when adhering to a policy would be inappropriate, and flexibility is contemplated. It is recognised that employers must create rules to manage the minutiae of everyday working life without those rules becoming fixed contractual terms. For illustration, in Dryden, the employer implemented a ban on smoking at work (before the statutory prohibition, see Practice Note: Smoking in the workplace). The employee resigned and alleged constructive dismissal, asserting that introducing the ban amounted to a fundamental breach of their employment contract. The EAT concluded that the new policy was a ‘works rule’. It had no...
Practice Note This Practice Note sets out the reasons behind garden leave and when an employer might choose to deploy it in practice. It explores whether, in the absence of an express term in the contract of employment, an employer can impose ‘enforced’ garden leave, and identifies the circumstances in which an express garden leave clause may properly be enforced or relied upon. It examines how garden leave interfaces with an employee’s right to work and with the employment contract itself, including the impact on particular terms and conditions of employment such as holiday entitlement, directorships and other offices, and on ongoing contractual obligations and duties. It also addresses whether an employee is entitled to be paid during garden leave, together with its knock-on effect on any post-termination restrictions. It covers enforcement concerns and the criteria a court will weigh when deciding whether to grant an...
Our capacity to sway others is something we call upon every day. It might be a small ask—such as requesting a different meeting time—or a bigger challenge—like persuading the board to invest in new technology. This Practice Note sets out the essentials of influencing, explores personal and positional power, clarifies the boundary between influence and manipulation, shows how to build sway in the boardroom, and clearly pinpoints influencing capabilities during the interview process. The fundamentals of influencing others Connecting with those around you Influence is about working with people, not doing things to them. It is ‘doing with’, not ‘doing to’. It isn’t about forcing your views; it is about bringing others around to your perspective. To make that happen, you need to understand and connect with them, and articulate your vision in a way that truly resonates with them. Being...
This Practice Note covers: what cultural awareness means and why it matters at work the importance of cultural diversity in workplaces how organisations can show and build cultural awareness at work the risks of lacking cultural awareness in the workplace ways to engage colleagues from varied cultural backgrounds key areas or skills individuals should develop to enhance cultural awareness top tips for managers leading a multi-cultural team Cultural awareness Defining culture is not straightforward. In general, it reflects distinctive patterns of thinking, feeling and behaving, commonly shaped by four sources: family influences schooling and education experiences in the workplace wider life experiences These thoughts and behaviours are acquired, refined and reinforced across our lives, and each culture carries its own norms. Avoid the pitfall of stereotyping cultures. Although people may share...
Contract management within the legal department Following an audit of contract management across your organisation (see Practice Note: How to conduct a contract audit), you should now appreciate what the present process involves, or that several parallel processes exist. With this understanding, you have the groundwork to take ownership of contract management within the legal team. Your set-up might be a tactical, short-term arrangement or a carefully planned strategic framework, with options in-between, shaped by your organisation’s size, nature and the resources at your disposal. The essential point is that whichever route you choose, it must clearly demonstrate it furthers your organisation’s objectives and boosts revenue. Before introducing a contract management system for the legal department, be clear about the rationale you will use to address any objections to the inevitable shifts in existing practices. The primary case is that how the legal...
The strongest legal functions keep their gaze ahead, predicting shifts across the organisation and the wider sector, and planning how to steer the business through them. Yet the day-to-day can absorb attention. Regular team meetings provide space to look up, refocus on wider aims in a supportive, collaborative setting, and stay goal-oriented instead of reliving a ‘ Groundhog Day’ of recurring matters. This Practice Note offers in-house lawyers practical guidance on putting the right framework in place for structuring team meetings and nurturing a positive atmosphere at those sessions. The benefits of team meetings If the team resists regular legal team meetings, consider tips that reinforce your messaging and draw attention to their key advantages. Increased trust and transparency in teams Where colleagues mostly rely on digital channels—such as email or instant messenger—they may question what a team meeting delivers that those tools cannot......
Updated November 2025 Introduction The Argentine Republic comprises 23 provinces plus a federal district—the City of Buenos Aires, the nation’s Federal Capital. Sitting on the south-eastern edge of South America, Argentina ranks eighth worldwide by land area and second in Latin America, spanning roughly 3.8 million square kilometres (about 1.5 million square miles). Its population exceeds 45 million, with around 15 million residing in Greater Buenos Aires, and an overall density close to 15 inhabitants per square kilometre. With a GDP near US$633bn, Argentina stands among Latin America’s biggest economies. Yet recurrent swings in growth and entrenched institutional constraints have hampered development. Although urban poverty has fallen compared with the prior year, it remains elevated at roughly 32% of residents, according to recent data. In December 2023 a new right-of-centre coalition assumed office, pledging a shift towards more market-friendly measures, such as easing foreign exchange...
Updated in December 2025 Introduction Germany stands as Europe’s strongest economy and ranks among the largest worldwide. Its central position across the continent underpins a tightly knit infrastructure network. The country presents excellent business conditions and enjoys strong regard from overseas investors. Far-reaching structural reforms, together with restrained growth in unit labour costs, have markedly enhanced the competitiveness of German enterprises. Outstanding infrastructure and a highly qualified workforce further underpin long-term commercial success. The Federal Government has recently expanded public spending to unprecedented levels, with a particular focus on infrastructure investment. In addition, the legislature has widened depreciation allowances and resolved to lower corporation taxes. There are numerous options for structuring a venture in Germany. The purpose of this Practice Note is to flag key issues a new business should address before commencing operations in Germany. This Practice Note is not intended to be a...
Updated in June 2025 Introduction Set in the Eastern Mediterranean, Cyprus sits at the meeting point of Europe, Asia and Africa. It is a sovereign, independent republic operating a presidential system, under a written constitution that upholds the rule of law, political stability, human rights and private property. Cyprus has belonged to the EU since 1 May 2004 and adopted the euro on 1 January 2008. In the run‑up to accession, wide‑ranging structural and economic reforms reshaped the economy, fostering a modern, open and energetic business landscape. Since entry, the island has become a natural gateway for two‑way investment between the EU and global markets, notably the fast‑expanding economies of Russia, Eastern Europe, India and China. As an international business and financial centre, Cyprus is exceptionally well positioned. Beyond its strategic location, cosmopolitan character and appealing climate, it offers first‑class commercial...
Updated in April 2025 Introduction Companies are operating ever more across borders, spurred by the rise of online services. Yet while commerce may span jurisdictions, each territory preserves its own regulatory stance, customs and market practices. Before launching in a new location, businesses should weigh potential political or legislative exposure. Such risks differ by nation, and their salience shifts with the industry and the particular priorities of the enterprise. This note highlights key points to evaluate before entering a fresh jurisdiction. Numerous organisations assess how jurisdictions perform on critical dimensions. The World Economic Forum’s Future of Growth Report 2024 recognises many of these areas as key indicators when appraising a country’s economic climate and resilience. At the close of this note you will find links to country specific guides that provide deeper reviews of the principal legal matters to address when...
This Practice Note serves as a practical guide for law firms and in‑house teams on shaping a pro bono approach, and explains why your pro bono strategy ought to flow from, and be tightly aligned with, your wider business strategy. It also sets out the essential items of information to be included within a pro bono policy. Although many pro bono matters are undertaken ad hoc, adopting a planned approach offers clear advantages, helping to maximise the benefits for pro bono clients and for your organisation. Planning your approach For any chosen pro bono approach to succeed, it must command internal backing. Securing that support means ensuring the plan is business‑relevant and stems from, and remains closely aligned with, your organisation’s overarching strategic plans. Accordingly, review your business plan before drafting a business case for pro bono, as you will need to extract key...
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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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