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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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After a law firm has assessed its position, defined clear objectives and aligned on a strategy, the emphasis must move to delivery. That involves selecting suitable business development efforts, ensuring the firm has the time, people and systems to support them, and consolidating everything into a clear business development plan. This guidance covers three connected areas: choosing and executing effective business development and marketing campaigns managing the people, time, systems and budgets needed to underpin those activities building a business development plan that enables co-ordination, accountability and progress Collectively, these measures convert strategic intent into measurable action. Choosing business development and marketing activities Business development should not be selected in isolation; every initiative must clearly support the agreed goals and strategy. Before approving any campaign or initiative, the firm should be explicit about: the intended outcome of the activity the target...
This Practice Note sets out practical guidance and tips for in-house lawyers on being a team player by backing colleagues, handling challenging personalities and sharing know-how. For more detail, see Practice Notes: Collaborating with legal colleagues to achieve quality and consistency and Boosting quality, productivity and transparency within the legal team. The challenges of being a team player The legal world is frequently seen as competitive, with collegiate teamwork not coming naturally. Teams with a positive collegial culture usually deliver stronger results, and, ideally, the head of legal will foster the right degree of collegial behaviour. Many organisations offer training on personality types and team working. Investing time in the theory can significantly improve how you engage with different personalities. If your organisation does not provide training, you can still build a solid understanding online, for example: ...
This note provides practical pointers for in-house lawyers on strengthening relationships within the legal team through sharper coordination, thoughtful work allocation, improved consistency and better sharing of resources. A common operating approach is for each in-house lawyer to act as the account manager for a group of business colleagues or a business area, serving as the first point of contact for new matters. The account manager should be supported by another team member, with work passed across regularly so they develop a comparable level of familiarity to the account lead. This setup offers several advantages, outlined in Practice Note: Boosting quality, productivity and transparency within the legal team. You can only run this model if the head of the team adopts it, but, as far as possible, you should still work collaboratively with colleagues. Read Practice Note: Supporting legal colleagues and sharing...
Daily life throws up a constant run of challenges, and the law firm workplace is no different. The context keeps evolving; for example, firms have navigated hybrid working while seeking to optimise the use of artificial intelligence. A dependable framework helps us solve problems, adjust to shifting circumstances and determine the most sensible path ahead. This Practice Note explores the central themes of continuous improvement and covers: an overview of problem solving the fundamental structure of continuous improvement ways to assess the effect of present problems and identify future issues selecting suitable tools to analyse underlying causes effective methods to spark creativity and generate ideas two models to support implementing change across your teams how to evaluate the outcomes of the changes you introduce An introduction to problem solving Problem solving is not: change for its own sake ...
This Practice Note explores why post-termination restrictions (restrictive covenants) might be required within contracts of employment, as well as the usual categories commonly adopted in practice. For guidance: on interpreting post-termination restrictions, see Practice Note: Construing post-termination restrictions on whether a post-termination restriction is incorporated into the contract, see Practice Note: Incorporation of post-termination restrictions on assessing the reasonableness of post-termination restrictions, see Practice Note: Post-termination restrictions—reasonableness on leading decisions concerning the enforceability of post-termination restrictions, see Practice Note: Decisions on post-termination restrictions and garden leave in employment contracts The need for post-termination restrictions During employment, including any spell of garden leave directly before termination of employment (see Practice Note: Garden leave and the right to work), an employee remains subject to a range of implied obligations owed to their employer and must observe them...
At 11 pm ( GMT) on 31 December 2020, the post‑ Brexit transition/implementation phase, created after the UK’s exit from the EU, concluded. At that moment (in UK law termed ‘ IP completion day’), principal transitional measures ceased and substantial changes started to apply across the UK’s legal framework. Before IP completion day, the Establishment of Lawyers Directive 98/5/ EC (the Establishment Directive) allowed members of specified legal professions in the EU, EEA and Switzerland to practise in the UK on a permanent footing, provided they registered with one of the UK’s legal regulators. In England and Wales, the relevant regulators were the Solicitors Regulation Authority ( SRA) and the Bar Standards Board ( BSB). Separate provisions operated for Scotland and Northern Ireland. Lawyers entered on this basis were described as Registered European Lawyers, or RELs. Since IP completion day, the REL scheme has, for the...
Why you need to manage this risk Contract management is often regarded as an exercise aimed not at attributing blame, but at spotting issues, shaping remedies, and settling matters before they turn into disputes. However, that approach represents only one element of best practice contract management. It also ensures the parties work together to realise the contract’s objectives, while overseeing compliance, addressing any shortcomings, and managing contract changes, extensions, and renewals. As all parties must fully discharge their obligations, effective management includes gathering evidence of breach so any later legal process can be supported. To address all these aspects, the management framework should be designed from the very outset of the procurement process. This guide focuses on the activities required after award of the contract and once service delivery has commenced. The key risks arising from poor or absent contract management are: failure of the...
Labour and employment— Portugal— Q& A guide [ Archived, 2021 edition] This Practice Note provides a jurisdiction-specific Q& A on labour and employment in Portugal, released within the Lexology Getting the Deal Through series by Law Business Research (published: October 2021). Authors: Morais Leitão, Galvão Teles, Soares da Silva & Associados— Joana Almeida 1. What are the main statutes and regulations relating to employment? The principal sources are the Labour Code, enacted by Law No. 7/2009 of 12 February 2009, and the Labour Code Regulation, enacted by Law No. 105/2009 of 14 September 2009, both as amended. Targeted rules address specific matters (eg, health and safety at work, workplace accidents, occupational diseases and labour misdemeanours) and particular categories of employment contract (eg, homeworking, sports employment, port or on-board work, showbusiness and domestic service), each governed by dedicated statutes. 2. Is there any law prohibiting...
Updated March 2025 Introduction The European Commission anticipates that Poland’s GDP growth in 2025 will continue to trail the EU average for a third year in a row. In a volatile setting, provisional data from the Central Statistical Office show GDP in 2024 rose by a modest 2.5% versus 2023, easing from 4.9% in 2022. This tempo points to a measured rebound from earlier strains, chiefly elevated inflation and higher interest rates. Although the final quarter of 2024 recorded some improvement, with year-on-year growth of 3%, it still fell short of expectations. Weaker consumer outlays, held back by flat real wages and pricier credit, have weighed on activity, while geopolitical developments are also exerting pressure. Nevertheless, infrastructure spending and a recovery in exports have offered partial support. Economists expect growth to settle in 2025, though ongoing geopolitical tensions and wider global...
The aim of this Precedent is to steer the planning of the essential stages in a tender for appointing preferred external legal service providers. It is prepared on the basis that the organisation operates in the private sector, is incorporated in England and Wales, and is not bound by public sector procurement requirements. Project plan The legal procurement team should agree and record a procurement project plan from the start. Once the organisation, ideally alongside its in-house legal function, chooses to outsource some or all legal work by establishing an external panel of legal service providers, this plan becomes the framework for delivery. It serves as an internal tool to keep activity aligned and to support conversations with internal sponsors as the initiative develops. See Precedent: Procurement project plan—legal services. Initial research Before drafting the procurement project plan, carry out research into the...
‘ To outsiders, the rationale for our merger wasn’t always obvious. When we combined, people asked, “ So what difference will that make?” What we had seen was a match in our ambitions’ ( David Pester, Managing Partner of TLT). Although this Practice Note highlights the principal issues to concentrate on when considering a law firm merger, keep David’s words front and centre—a common ambition (call it a vision, if you like management jargon) is vital to success. Embed that shared ambition in your thinking. Why merge? Every practice ought to maintain a clear, coherent strategy describing its future aims and desired outcomes. At times, that plan may plainly show a merger is required to meet the firm’s long-term objectives. More often than not, a merger opportunity will materialise completely unexpectedly. Always test any such prospect carefully against your firm’s...
Its importance has grown notably in practice. Many clients face tight budgets for instructing solicitors and seek steadily lower fees and even greater overall value. Consequently, firms must compete harder and be readier to give more to secure fresh clients and fresh work. The rise of procurement managers has allowed commercial, institutional and public sector buyers to run robust and demanding processes that deliver improved value for money. As more clients go to tender and rivalry increases, pitches must be sharper than ever. This Practice Note clearly outlines a framework for pitching for work and points to best practices needed to thrive in a competitive market. Requests for proposal and invitations to tender Chances to pitch for work appear mainly in two principal forms. Requests for proposal ( RFPs) are typically broad in scope and not highly prescriptive. An RFP is commonly used,...
Updated in January 2026 Introduction The Philippines has continued to deliver solid, resilient economic outcomes, keeping its place among Southeast Asia’s faster-growing economies. From 2010 to 2019, average annual GDP growth was around 6.4%, a clear step up from the 4.5% average recorded between 2000 and 2009. Despite global headwinds from the coronavirus ( COVID-19) pandemic in 2020, the country showed durability; GDP growth recovered to 5.6% in 2023, the fastest in Southeast Asia. Credit assessments remain positive too: as of June 2024, Fitch Ratings affirmed the Long- Term Foreign- Currency Issuer Default Rating at ‘ BBB’ with a stable outlook, indicating robust medium-term growth prospects. This guide highlights key matters a new business will need to understand and address before starting operations in the Philippines. It is not exhaustive, and specific Philippine legal advice should always be obtained prior to setting up and running a...
Approaching appraisals positively In many organisations, appraisals (meaning a discussion coordinated by the HR function) occur just once a year. However, as the team leader, you are evaluating people continually by watching their behaviour and how others deal with them, holding one-to-one chats about the challenges they encounter, and having informal conversations with the business colleagues they support. The appraisal meeting should bring these threads together, not be the point where dissatisfaction is unveiled. It can create a very poor impression if appraisals seem like a chore—they are a vital way to show commitment to a team member’s performance and personal development. You will naturally comply with whatever procedural requirements your HR department sets, but consider the following suggestions: Advise your staff beforehand of any specific questions you plan to ask Invite them to nominate their most and least...
Periods of statutory family leave include: Maternity leave — for more details, consult Practice Note: Maternity leave Paternity leave — for more details, consult Practice Note: Paternity leave and pay Adoption leave — for more details, consult Practice Note: Adoption leave Parental leave — for more details, consult Practice Note: Parental leave Shared parental leave — for more details, consult Practice Notes: Shared parental leave (birth) and Shared parental leave (adoption) Parental bereavement leave — for more details, consult Practice Note: Parental bereavement leave and pay Neonatal care leave — for more details, consult Practice Note: Neonatal care leave and pay Carer’s leave — for more details, consult Practice Note: Carer’s leave Protection of pension rights during periods of statutory family leave Statutory provisions safeguard the pension entitlements of members of occupational pension schemes and other...
This Practice Note cites decisions of the Court of Justice of the European Union. For advice on the extent to which EU rulings bind the courts of the United Kingdom, consult Practice Note: Assimilated law — Assimilated case law. The legislative framework Two distinct legislative strands must be assessed when considering part-time workers and discrimination. The first concerns equal treatment as between men and women. Because, historically, women have been more likely than men to work part-time, employment conditions, including pension scheme terms, that treat part-time staff less favourably may amount to discrimination against women. The second concerns measures directed specifically at safeguarding part-time workers. Equal treatment legislation Provisions intended to guarantee equality for men and women in relation to pension schemes have a long history. The current domestic position is contained in section 67 of the Equality Act 2010 ( Eq A 2010), which...
Key elements Routine, scheduled exchange on matters of mutual interest and concern relationships with other parts of the wider organisation challenges currently confronting the organisation stakeholder oversight and stewardship compliance risks Clear alignment on the legal department’s business plan securing buy-in (or understanding resistance) from Finance before the budgeting round gaining broad backing for resource allocations and consistent use by the business obtaining active support for legal awareness initiatives Targeted legal assistance for Finance ...
This Practice Note sets out the right of parents of a child (born or adopted) to take 18 weeks’ unpaid parental leave to care for the child before the child’s 18th birthday. It explains: who is eligible; the default statutory scheme where no agreement is in place; notice obligations; rights while on parental leave; the right to return following leave; protection from detriment or dismissal for exercising this right; and remedies for parental leave claims, including where the Acas Disciplinary and Grievance Code has not been observed. By virtue of section 76 of the Employment Rights Act 1996 ( ERA 1996) and regulation 15 of the Maternity and Parental Leave etc Regulations 1999 ( MAPLE 1999), SI 1999/3312, parents of a child—whether birth parents or adopters—are entitled to take up to 18 weeks’ unpaid leave to look after that child at any...
Practice Note This Practice Note is aimed at in-house counsel weighing up whether to outsource parts of their legal work to third-party suppliers of legal services. It forms part of a wider suite of tools and guidance created to support your outsourcing decisions. Use this Practice Note at the outset of the process. Its purpose is to help you assemble the information needed to determine if you should use—i.e. outsource work to—external suppliers of legal services. See also Practice Notes: Legal services outsourcing—in-house lawyers—which legal services to outsource Legal services outsourcing—in-house lawyers—outsourcing options Ultimately, gathering information enables you to shape a strategy for legal services outsourcing. See Precedent: Legal services outsourcing strategy. Whether you are exploring the potential to outsource some legal services, or have been set the immediate goal of reducing spend on external legal support, the first step is to start...
This Practice Note outlines the regulatory requirements that relate to fire safety within the workplace environment. It focuses specifically on an office-based, non-residential workplace context. Other sector- or premises-specific rules may apply in different contexts and environments, particularly for residential and domestic buildings, such as flats and multi-storey residential properties. Requirements for fire safety in residential and domestic premises, and building regulations relating to fire safety, are expressly outside the scope of this Practice Note. For practical information about managing fire safety in an office-based workplace, see Practice Note: How to manage fire safety in the workplace. Legislative requirements There are several statutory obligations concerning workplace fire safety, including the following areas: what constitutes a workplace who is a ‘responsible person’ general fire precautions, for example: recognition and control of fire risks ...
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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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