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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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For law firms, business development works best when it is guided by a clear, systematic and transparent approach. All too frequently, practices rush into tasks—like networking, authoring articles or rolling out campaigns—before properly grasping where they stand, settling on intended outcomes, or mapping the route to reach them. This document brings together three critical core phases of business development planning as follows: grasping your present position via both internal and external analysis establishing clear, meaningful firm goals and objectives creating a targeted, coherent business development and marketing strategy Taken together, these steps provide a practical, reliable foundation for sustainable growth. They ensure business development activity is purposeful, aligned with firm strategy, and capable of delivering measurable results. See also Precedents: Business development—internal analysis—law firms Business development—external market analysis—law firms Business development aims, goals and...
The obligations for supervising trainees stem from the SRA Codes of Conduct and the SRA’s specific regulatory rules for authorised training providers that run training contracts. What is required varies slightly according to whether an individual is on a formal training contract or progressing to qualification via the Solicitors Qualifying Examination ( SQE). This Practice Note sets out what is expected of you when you supervise, track and evaluate trainees and SQE candidates. It mirrors the requirements of: the SRA Codes of Conduct, which set out the SRA’s core supervision standards generally — see section: Supervision—core requirements the SRA Education, Training and Assessment Provider Regulations — see section: Standard of training guidance on supervising trainees published on the SRA website Induction and other support It is considered good practice to deliver an induction for all trainees, including SQE candidates you employ to obtain...
This Practice Note looks at pensions-related issues that can arise under settlement agreements within the arena of English law. Settlement (or compromise) agreements are frequently used in the employment law sphere to resolve and conclude outstanding claims brought by employees against employers (and vice versa), particularly on the termination of employment. These claims can stem from multiple sources, such as statutory rights, contractual obligations in the relevant employment contract(s), or from common law areas including tort, for example allegations of negligence. statute the relevant contract(s) of employment, or areas of common law such as tort (for example, claims alleging negligence) Claims may arise at any point in the employment lifecycle—at recruitment, during the period of employment, or upon departure—and can involve intricate and costly issues. This is particularly true where the settlement agreement concerns senior executives, which is frequently the...
Labour and employment— Poland— Q& A guide [ Archived, 2021 edition] This Practice Note provides a jurisdiction-specific Q& A guide to labour and employment in Poland, issued as part of the Lexology Getting the Deal Through series by Law Business Research (published: October 2021). Authors: BKB Baran Książek Bigaj— Daniel Książek; Paweł Krzykowski; Wojciech Bigaj 1. What are the main statutes and regulations relating to employment? The Labour Code is the principal legal source for employment matters in Poland, serving as the primary framework for labour law. Under the Labour Code (https://dziennikustaw.gov.pl/ DU/rok/2020/pozycja/1320), the term ‘labour law’ is taken to comprise: the provisions of the Labour Code itself; other acts of law and implementing provisions that define the rights and obligations of employers and employees; the provisions of collective bargaining agreements and other collective arrangements; and regulations and charters based on the Labour Code that set...
This Practice Note considers the position in relation to paternity leave and statutory paternity pay ( SPP) in relation to birth or adoption This note outlines the framework for paternity leave and statutory paternity pay where a child is born or adopted. In essence, statutory paternity leave and pay enable the secondary carer—namely the father, the mother’s spouse or partner, or the secondary adopter—to take paid time away from work after the birth or placement of a child. For cases where the child’s expected week of childbirth ( EWC) started on or before 6 April 2024, or where the expected placement date for adoption fell before 6 April 2024, see Practice Note: —pre-6 April 2024 [ Archived]. From 6 April 2026, the Employment Rights Act 2025 ( ERA 2025) introduces the following: paternity leave becomes a ‘day one’ right (see: Eligibility...
Improving efficiency in a continuous improvement context typically follows five core steps: identify (define) which process requires enhancement measure the issue analyse the information improve the process control, ie embed the revised process so it becomes business as usual Management consultants often describe this as the DMAIC framework. This Practice Note underscores the need to measure the impact of the changes you have introduced to raise efficiency (through steps 1–5) and to demonstrate the degree of success. Also see Practice Notes: Continuous improvement—law firms—step 1—identify and define the problem Continuous improvement—law firms—step 2—measure the problem Continuous improvement—law firms—step 3—analyse what's causing the problem Continuous improvement—law firms—step 4—improve the process Continuous improvement—law firms—step 5—embed the process—making changes firm-wide Continuous improvement—law firms—step 5—embed the...
Practice Note This Practice Note outlines employers’ obligations to undertake a risk assessment under regulation 16 of the Management of Health and Safety at Work Regulations 1999 where they employ women of child-bearing age, and when a worker provides written notice that she is pregnant, has given birth in the preceding six months, or is breastfeeding. It explains when the duty is triggered, the actions required to eliminate or minimise any risks identified and, if that cannot be achieved, the need to offer alternative work or arrange a suspension. It also summarises potential claims that may arise if an employer fails to comply with the risk assessment duty and any necessary follow-up steps, including claims under the Employment Rights Act 1996 and the Equality Act 2010, such as: Direct discrimination Indirect...
Payments relating to pregnancy or maternity Employees may have entitlement to several types of payment connected to pregnancy or maternity, including: pay for time taken off to attend antenatal care (see Pay during time off for antenatal care, below) pay during suspension from duties on maternity grounds (see Pay during suspension from work, below) pay where an agency worker is removed for maternity reasons (see Pay following removal of agency worker on maternity grounds, below) statutory maternity pay (see SMP—entitlement, below) contractual maternity pay (see Contractual maternity pay) and other relevant pay maternity allowance, paid by the Benefits Agency, with eligibility depending on the individual’s previous National Insurance contributions ( NICs) (see Maternity allowance, below) Apart from maternity allowance, these payments are generally made by the employer. For information: on maternity leave in general, see Practice Note: Maternity leave on keeping in touch ( KIT) days, see Practice Note: Work during maternity or...
This Practice Note looks at: an explanation of ‘the gender pay gap’ and other pay differences connected to a protected characteristic, such as ethnicity and disability findings from recent Office for National Statistics ( ONS) reports about these disparities common drivers or traits of gender, ethnicity and disability pay gaps methods an employer can use to pinpoint the specific causes of pay gaps within its own workforce, including where in the organisation they arise and the factors behind them steps an employer can introduce or adopt to improve its pay gaps Pay gap reporting can provide a concrete means for an employer to evidence progress under the S (social) of ESG (environmental, social and governance). For further information, see: News Analysis: ESG: Pay Gap Reporting—a tangible way to show progress under the S. For more on ESG...
This Practice Note outlines the regulatory duties for first aid in an office environment, covering the need for stocked first aid boxes, trained first aiders and suitable first aid rooms. For practical advice on running first aid at work, see Practice Notes: How to conduct a first aid needs assessment and How to manage first aid in the workplace. What is first aid? The term ‘first aid’ covers both situations where preventative assistance or care is needed from doctors or nurses, and the management of minor injuries by people without medical qualifications. Legislative requirements There are several legislative duties relating to first aid at work, including: the provision of first aid first aiders first aid room first aid box/kit informing staff members of the public signs and signals giving or administering drugs or medication The Health and Safety Executive ( HSE) is the national independent regulator for workplace health and safety and first aid matters, playing a key part in...
This Practice Note outlines compliance and regulatory obligations linked to health and safety, with a focus on the need for a written health and safety policy. It addresses health and safety requirements in an office-based working environment. Different sectors or workplace-specific contexts may have additional obligations in other settings. For guidance on drafting a health and safety policy, see Practice Note: How to formulate a health and safety policy. What is a health and safety policy? A health and safety policy is a written statement describing the organisation’s principles and aims for protecting the health and safety of employees and visitors. Regulatory requirements Health and Safety at Work etc Act 1974 The Health and Safety at Work etc Act 1974 ( HSWA 1974) is the core statute governing occupational health and safety. In essence, employers must, so far as is reasonably practicable, secure the health, safety and welfare of their...
Work-related stress (or occupational stress) This Practice Note explores issues that can arise when an employee is experiencing work-related stress (also called occupational stress), that is, stress caused or worsened by work, or mental ill health affecting the employee’s work or attendance. The Health and Safety Executive describes stress as the adverse reaction people have to excessive pressures or other types of demand placed upon them. Stress is not an illness in itself, but it can make people ill, for example by contributing to anxiety and depression. Stress, anxiety and depression can also raise the risk of heart disease, back pain, gastrointestinal illnesses or skin conditions. According to Acas guidance on supporting mental health at work, common mental health issues include stress (this is not classed as a medical condition but can still have a serious impact on wellbeing), depression and anxiety. Less common...
You have a duty to supply suitable and sufficient equipment, facilities and competent personnel so employees receive immediate attention if they are hurt or become unwell in the workplace. There is no fixed rulebook setting out the precise first aid arrangements you must implement; requirements vary with context. What you establish should be suited to your organisation's circumstances. Smaller organisations may only need the minimum first aid provision, while larger organisations, or those with specific first aid risks, often require additional resources and coverage. Consequently, provision should increase where risks or scale dictate. This Practice Note explains how to manage and secure effective first aid provision across your workplace. For material on the regulatory requirements relating to first aid, see Practice Note: First aid in the workplace—regulatory requirements. First aid needs assessment You should already have completed a first aid needs...
You are not obliged to keep a first aid box or kit, yet it is widely regarded as sound practice and the basic measure every organisation ought to adopt. The British Standard BS 8599 ( BS 8599) sets out guidance on the items that workplace first aid kits should contain. Possessing a kit that conforms to this standard is not compulsory, though you may judge that your circumstances warrant meeting or even surpassing the BS 8599 contents. At minimum, it offers a helpful benchmark for judging the suitability of your kit’s stock. Regardless of whether you follow BS 8599, the contents must be customised to the particular requirements of your organisation, as indicated by the results of your first aid needs assessment—see Precedent: First aid needs assessment and Practice Note: How to conduct a first aid needs assessment. This Practice Note outlines the...
FORTHCOMING CHANGE : From 6 April 2026, section 35 of the Employment Rights Act 2025 is brought into force (by regulation 3 of The Employment Rights Act 2025 ( Commencement No. 2 and Transitional and Saving Provisions) ( Amendment) Regulations 2026, SI 2026/323). It obliges employers to maintain records sufficient to demonstrate, and adequate to show, whether they have complied in full with the entitlements in regulations 13(1) (annual leave), 13A(1) (additional annual leave), 15B(2) (annual leave for irregular and part-year workers) and 16(1) (holiday pay), and with the requirements in regulations 14(2) (payment in lieu of annual leave), 14(6) (payment in lieu of annual leave) and 15E(2) (payment in lieu of annual leave for irregular and part-year workers) of the Working Time Regulations 1998 ( WTR 1998), SI 1998/1833, and to retain those records for six years from the date of creation by...
The Law Society’s Wills and Inheritance Quality Scheme ( WIQS) stands as a quality mark for legal practices dealing with wills, probate and estate administration. The Law Society explains that gaining membership helps the public recognise the excellent service and the professional guarantee provided by solicitors in this field. This Practice Note flags particular Precedents in Lexis+® UK that you may use or tailor to satisfy the Core Practice Management Standards—core standards that must be met if your firm does not already hold Lexcel or CQS accreditation. 1. Risk management For detailed requirements, see: Wills and Inheritance Quality Scheme......
This Practice Note outlines the legal framework and practice on whistleblowing under the Employment Rights Act 1996 ( ERA 1996). It aims to offer high-level guidance for law firms, supporting the drafting of your whistleblowing policy. It is not a manual for handling whistleblowing claims, which fall within employment law. The Note also mirrors obligations in the SRA Standards and Regulations, together with guidance from the Law Society. What is whistleblowing? Whistleblowing describes circumstances where a worker shares information about wrongdoing (i.e. makes a disclosure), usually—though not always—relating to matters they have observed in the workplace. Such disclosures arise at work, though the information need not be limited to wrongdoing witnessed there......
In certain specifically defined circumstances, employees are entitled to be allowed time away during their working hours: to look after, or arrange care for, dependants (as defined); when a dependant passes away. The classes of individuals considered an employee's dependants for these purposes are narrowly restricted to only those listed below (see Who is a 'dependant'?)......
Updated in July 2024 Introduction The United States ranks among the world’s most competitive economies. It remains the largest national market, posting an estimated 2020 GDP exceeding US$22.3trn, and performs strongly on the World Bank’s Ease of Doing Business Index. Many overseas businesses choose to build a footprint in the US for persuasive reasons. Chief among these are entry to a powerful economy and cutting-edge technology, coupled with political stability and a mature legal framework supported by established courts, regulators and public authorities. While the US tax system can be intricate, working with a US attorney can make this obligation more manageable. There are multiple options for structuring operations in the US. This guide sets out key matters a new venture ought to weigh before commencing activity in the country. It is not exhaustive, and tailored US legal advice should always be obtained prior to...
When one or more people set out to establish a business, they must choose the vehicle through which it will operate. Beyond the commercial and legal drivers for that decision (see Practice Note: Forms of business vehicle), the tax profile of each option can be crucial in judging whether it suits a given enterprise. Before considering how tax steers the selection, it is helpful to grasp the essentials of how each vehicle is taxed. This Practice Note outlines the tax consequences of trading as a: sole trader general partnership limited partnership limited liability partnership limited company For ease, it assumes one or more unconnected UK resident individuals are starting a UK trading business on a commercial basis. It provides a summary of the overarching points and does not address the detailed rules or their application to...
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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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