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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 outlines the shared parental pay ( SPP) framework applicable to the adoption of a child. The legislation that establishes shared parental pay (the Shared Parental Pay ( General) Regulations 2014) took effect on 1 December 2014. However, the entitlement to claim SPP only applies to children placed for adoption on or after 5 April 2015. For the present rate of shared parental pay, see Practice Note: Employment-related statutory rates and limits— Maternity, parents and carers. Guidance and other materials Various guidance and resources are available. Acas guidance Acas has produced guidance documents, along with certain template materials. See Acas materials on shared parental leave and pay. Government guidance The government has issued a detailed 66-page guidance document aimed at employers. See: As well as setting out the shared parental leave and pay system in general terms, this guide includes helpful content for handling less typical...
Paid holiday benefits both employers and workers by allowing workers a period of relaxation and recuperation. Paid annual leave rights may arise from statute (ie through legislation) or from contract (ie via terms in the employment contract). This Practice Note addresses the position of: all workers for leave years starting on or before 31 March 2024 workers other than irregular hours and part‑year workers for leave years starting on or after 1 April 2024 It does not cover irregular hours and part‑year workers (as defined in WTR 1998, SI 1998/1833, reg 15F), for whom distinct rules apply for holiday years commencing on or after 1 April 2024, including in relation to: how holiday pay is calculated, and the ability to use rolled‑up holiday pay The position of those workers is set out in our separate Practice Note: Statutory paid holiday—irregular hours workers and part‑year workers. This Practice Note examines the...
This Practice Note considers statutory adoption pay ( SAP) and contractual adoption payments. It also examines eligibility criteria, the meaning of employed earner, the duration of entitlement, notice obligations, the evidence required, the length of time SAP is payable, rates of pay, and liability, including where an individual has more than one employer. It addresses outcomes where a child dies or a placement breaks down, circumstances in which SAP is not due, record-keeping duties, and how recoupment operates. Finally, it explores how contractual sick pay interacts with SAP, adoptions from outside the UK, and contracting out. A parent taking adoption leave (see Practice Note: Adoption leave) may qualify for SAP for part of that leave. They may receive payment for time off to attend adoption appointments (see Practice Note: Time off work for adoption appointments). Where a child is placed for adoption, the adopter and a...
Statutory adoption leave An employee planning to adopt a child under 18 could qualify to take up to three categories of statutory leave: ordinary and additional adoption leave paternity leave (see Practice Note: Paternity leave and pay) shared parental leave (see Practice Note: Shared parental leave (adoption)) That said, a single adopting parent cannot take all three. Subject to circumstances, parents adopting a baby might also qualify for: statutory parental bereavement leave and pay (see Practice Note: Parental bereavement leave and pay) statutory neonatal care leave and pay (see Practice Note: Neonatal care leave and pay) This Practice Note addresses statutory adoption leave under the Employment Rights Act 1996 ( ERA 1996) and the Paternity and Adoption Leave Regulations 2002 ( PAL Regulations 2002), SI 2002/2788. For statutory adoption pay ( SAP), see Practice Note: Statutory adoption pay. If both parents are adopting, they must nominate which one will be the...
ARCHIVED: This Practice Note is archived and no longer maintained. From 1 September 2021, candidates may qualify via the training contract route only if they meet the SRA’s transitional requirements. Otherwise, they must qualify through the Solicitors Qualifying Examination ( SQE)—see subtopic: Solicitors Qualifying Examination ( SQE). This Practice Note sets out SRA requirements and guidance on entering into a training contract that commenced on or after 25 November 2019. It does not cover training contracts that began before 25 November 2019, or qualification via the SQE from 1 September 2021 onwards, or via an apprenticeship. For information on the regime applicable to training contracts entered into before 25 November 2019. From 1 September 2021, candidates can only qualify by the training contract route if they satisfy the SRA’s transitional requirements. Otherwise, they must qualify via the SQE. For...
SRA Transparency Rules The Solicitors Regulation Authority ( SRA) requires law firms to publish on their websites the prices they charge and what these encompass. This does not apply to all legal work, only to: Five types of services for the public: Residential conveyancing Uncontested UK probate and estate administration Immigration applications and appeals (excluding asylum) Minor motoring offences Employment tribunals (employee claims for unfair or wrongful dismissal) Three types of services for businesses: Debt recovery (up to £100,000) Employment tribunals (defending claims for unfair or wrongful dismissal) ...
The Solicitors Regulation Authority ( SRA) mandates that, every two years, you gather, submit and publish information on the diversity profile of your workforce. The SRA sets out in detail the categories to be collected and the individuals to be included. This Practice Note outlines what your firm must do. A companion Practice Note, Diversity monitoring and data protection, addresses the data protection considerations of diversity monitoring. The regulatory regime There is no express statutory duty to monitor workforce diversity; this obligation arises from the SRA’s rules. The three stages of diversity monitoring collecting diversity information from your workforce reporting those figures to the SRA publishing the results Are all firms required to monitor diversity? The duty to collect, report and publish diversity figures covers all firms, including sole practitioners, traditional practices and alternative business structures. Where a firm consists of multiple separate but related...
Labour and employment— Spain— Q& A guide [ Archived, 2018 edition] The international employment law guide on Spain is arranged as a Q& A. The questions appear below. Please note this is the archived 2018 version. The 2019 edition does not feature an updated guide for this jurisdiction. You can access the guide via the hyperlink shown immediately beneath: The questions raised in the guide Legislation and agencies What are the key employment statutes and regulations? Is discrimination or harassment at work prohibited by law? If so, which categories receive protection? Which main government authorities or other bodies are charged with enforcing employment laws and regulations? Worker representation Is there legislation that requires or permits the formation of employees’ representatives in the workplace? What powers do they possess? Background information on applicants Are there limits or bans on conducting...
Updated in March 2026 Introduction The Republic of Korea ( South Korea, and called ‘ Korea’ throughout this Practice Note) offers conducive conditions for accessing the East Asia marketplace, helped by its centrally placed position within the region’s transport corridors. Korea presently holds free trade agreements with 59 partners in total, including the US, the EU, China, ASEAN, India, and Chile, and is positioning itself as a global commercial hub, not only an East Asian one. Korea actively promotes inbound foreign investment via a suite of laws that grant overseas investors various incentives, such as tax reliefs. Businesses can choose from multiple structures when establishing operations in Korea. Alternative entry routes and models are likewise available for tailoring a presence to specific needs in Korea. This guide seeks to spotlight several pivotal considerations a new enterprise must address before commencing activity in Korea. It is not...
Revised in December 2025 Introduction As one of the continent’s biggest economies, South Africa offers a strong springboard for investment and commerce across Africa, especially in sub- Saharan markets. The country benefits from mature infrastructure and long-standing trading links with its neighbours. Businesses can adopt multiple structures when establishing operations in South Africa. This Practice Note outlines principal considerations for new entrants before commencing activities in the country. It is not a comprehensive manual, and tailored South African legal advice should always be obtained when forming and running a business locally. South Africa has three spheres of government: National Provincial Local The National Assembly is the highest law-making authority, and its statutes apply nationwide. There are nine provinces, each with a legislature, a premier and an executive council. Although certain areas fall within the exclusive legislative remit of the National Assembly, provincial legislatures may craft their own laws and...
Solicitors Qualifying Examination ( SQE) Up to 31 August 2021, the main pathway to become a solicitor (the training contract route) required completion of: the academic stage at an approved education provider, namely: a qualifying law degree the Common Professional Examination ( CPE) an exempting law degree an integrated course the vocational stage, comprising: the Legal Practice Course ( LPC) a period of recognised training, i.e. a training contract with an authorised training provider the Professional Skills Course Candidates also had to meet the SRA’s character and...
A solicitor apprenticeship ordinarily lasts five to six years for Trailblazer apprenticeships or two to three years for Graduate apprenticeships, and leads to qualification as a solicitor. To qualify on the apprenticeship route, apprentices must: pass both parts of the Solicitors Qualifying Exam ( SQE1 and SQE2) complete at least two years’ full-time (or equivalent) Qualifying Work Experience ( QWE) meet the SRA’s character and suitability requirements The solicitor apprenticeship scheme spans the academic, vocational and assessment stages of professional legal training, blending on-the-job learning with off-the-job study delivered by an approved external training provider. The SQE and QWE elements required by the SRA are embedded within the programme. This Practice Note describes solicitor apprenticeships and the key implications for employers who offer them. It outlines the main components and the timelines for qualifying under this route, with a focus on...
This Practice Note delivers a high-level overview of the varied forms of social media services and sites, setting out principal ways organisations may deploy them in practice today, while also recognising several business risks that accompany social media use at a glance... Key social media types Social media sites such as Facebook, Tik Tok, Twitter (now known as X), You Tube, Linked In and Instagram commonly sit at the heart of campaigns and community-building efforts. This is in part due to the strong control they give over targeting and reaching specific audiences... A business’s approach to social media will typically be shaped by the nature of its industry, the audience segment in view (for example, Instagram and Tik Tok are popular with 16–24-year-olds), the online spaces and communities its customers and target market frequent, and the likely effectiveness of each site in supporting the...
Labour and employment— Slovakia— Q& A guide [ Archived, 2019 edition] The Slovakia chapter of the international employment law guide is arranged as a Q& A. The queries are listed below. Please be aware this is the 2019 archived edition. The 2020 edition does not contain an updated guide for this country. You can view the guide by following the hyperlink immediately beneath... The questions raised in the guide Legislation and agencies What are the principal employment laws and regulations? Is there legislation banning discrimination or harassment at work? If so, which categories are covered by the law? Which key government agencies or other bodies are responsible for enforcing employment statutes and regulations? Worker representation Is there legislation that requires or permits the creation of employees’ representatives in the workplace? What powers do they...
This Practice Note outlines the statutory shared parental pay ( Sh PP) framework that operates for the birth of a child. It further explores legal and practical considerations around contractual (occupational) shared parental pay (see: Contractual shared parental pay), especially risks of detriment and discrimination. The legal basis for Sh PP—the Statutory Shared Parental Pay ( General) Regulations 2014—came into force on 1 December 2014. Guidance and other materials A range of guidance and materials is available. Acas guidance Acas has produced guidance documents together with certain template resources. See Acas materials on shared parental leave and pay. Government guidance The government has published a comprehensive 66-page guidance document aimed at employers. See: Alongside outlining the shared parental leave and pay system in general, this guide offers practical help for unusual circumstances practitioners may face, and includes examples and explanatory sections, such as: details for workers holding multiple...
Practice Note This Practice Note explains the shared parental leave framework that applies to the adoption of a child under section 75G of the Employment Rights Act 1996 ( ERA 1996) and the Shared Parental Leave Regulations 2014 ( SPL Regs 2014), SI 2014/3050. It outlines who qualifies as an adopter and/or an adopter’s partner, the requirement to curtail any adoption leave, the notices and declarations that must be given to the employer before any leave can be taken, the parties’ rights and duties when proposing and altering blocks of leave, and, together with the relevant contractual and other protections that apply during leave. In short, shared parental leave enables, following adoption, the child’s adopter and a second individual (who must be the adopter’s spouse, civil partner, or partner) to divide, if they choose, up to 50 weeks of the leave that would...
This Practice Note sets out the shared parental leave framework for births under section 75E of the Employment Rights Act 1996 ( ERA 1996) and the Shared Parental Leave Regulations 2014 ( SPL Regs 2014), SI 2014/3050. In outline, after a child is born, the mother and one other person — either the child’s father, or an individual who is married to, the civil partner of, or the partner of, the mother — may share up to 50 of the 52 weeks of leave that would otherwise be the mother’s maternity leave. It does not add to the total leave available; instead, it enables those two people to divide that existing entitlement if they wish. Overview of shared parental leave and pay on birth In brief, eligible parents who share responsibility for a child can use shared parental leave in the first year after: the birth of...
Fire sale or strategic exit? The bulk of the 9,000 or so law firms in England and Wales comprise four partners or fewer. Observers suggest a large proportion may fail to endure in the market and simply shut down. Winding up is far from straightforward: disposing by sale is typically the wiser route, likely to yield some return for years of owners’ effort. Practices change hands when principals feel swamped by intensified competition, shrinking legal aid and heightened regulation. For others—the entrepreneurial—an exit marks the fulfilment of a plan to create a valuable asset and then realise its worth. Selling to escape pressure, to retire, or to begin afresh can seem a daunting, even upsetting, call. Yet, if you act early and follow the right steps, it can become the kind of success tale entrepreneurs aim for,...
The top performer in an interview may not, in fact, be the strongest hire. Outstanding lawyers can find it hard to present themselves effectively, while less able peers may deliver polished, stylish performances. This Practice Note looks at: the structure of the interview questions to steer clear of behavioural interviewing reasons firms can make weak hiring choices the point at which stereotyping crosses into discrimination The structure of the interview A sound selection interview needs clear structure and should be applied consistently to every applicant. Interview stage Suggested framework Making the interviewee feel comfortable When a candidate is tense or very anxious, it’s difficult to see the real person or draw out fuller answers. Put them at ease before moving into the substantive questions, for example: offer a glass of water allow a short pause to settle and gather their...
Forms of business vehicle in the UK There are numerous forms of business vehicle, and choosing the most suitable structure to operate a business is vital; that selection can affect whether a business succeeds or fails. No single vehicle will meet every enterprise’s needs and expectations. Each option presents its own advantages and drawbacks. Deciding which vehicle to employ for a particular venture is complex and turns on a range of legal, tax and commercial factors; a perfect match may not exist. Moreover, the vehicle first adopted to run a given business may cease to be the best fit as that business grows and matures. The chosen vehicle should therefore be reviewed periodically. If the original vehicle proves unsuitable, a different vehicle can be used to assume the business, although changing vehicles can be expensive, depending on the...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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