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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 addresses regulatory duties for workplace health and safety, including safe work equipment and manual handling. The framework derives from multiple sources; see our Health and safety—key legislation table for an overview. It focuses on office-based environments; other sectors may have additional, context-specific rules. For requirements on visual display screen equipment, consult the Practice Note: Display screen equipment—regulatory requirements. For practical guidance on running and assuring health and safety, see Practice Note: How to manage health and safety in the workplace. For detailed manual handling duties, refer to the subtopic: Manual handling. Legislative requirements Multiple pieces of legislation apply to health and safety in the workplace. Health and Safety at Work etc Act 1974 The Health and Safety at Work etc Act 1974 ( HSWA 1974) is the principal statute governing occupational health and safety. In short, employers have a duty to secure, so far as is...
This Practice Note outlines regulatory obligations concerning health and safety, with particular emphasis on assessment and planning. It addresses health and safety requirements in an office-based workplace. Different industry or workplace-specific obligations may apply in other working environments. For guidance on undertaking a health and safety assessment and preparing a plan, see Practice Notes: How to conduct a health and safety risk assessment and How to formulate a health and safety plan. What are health and safety assessments and plans? A health and safety assessment is the process by which an organisation determines the risks to health and safety within its workplace and the measures adopted to mitigate, transfer, avoid or reduce those risks. The assessment may be documented. A health and safety plan is a document that sets out the means by which an organisation will implement its health and safety...
A clear, accessible health and safety framework helps an organisation manage it effectively and efficiently. Certain aspects, such as assessing and controlling risks in the workplace, are required by law. An organisation should therefore: define its overarching principles and aims for ensuring the health and safety of key stakeholders—what it seeks to achieve (see subtopic: Health and safety policy) pinpoint key personnel and secure their input carry out a risk assessment develop a justified action plan explaining what the organisation needs and why (see Practice Note: How to formulate a health and safety plan) put the plan into practice review the plan This Practice Note outlines how to conduct a health and safety risk assessment in an office-based setting. Other sector- or workplace-specific matters may arise in different environments. For details of regulatory...
Health and Safety at This table sets out an overview of the principal legislation relevant to health and safety in an office-based environment. Additional sector- or workplace-specific obligations may apply in other working contexts. The table shows how these requirements apply according to the organisation’s nature and size. Organisation trading as a sole practice, partnership or LLP (5+ employees) Organisation trading as a sole practice, partnership or LLP (fewer than 5 employees) Organisation trading as a sole practice, partnership or LLP (no employees) Organisation operating as a limited company (5+ employees) Organisation operating as a limited company (fewer than 5 employees) Organisation operating as a limited company (no employees) Organisation where employees are represented by a trade union......
The illustration outlines principal steps for evaluating health and safety risks and developing a health and safety plan. It covers health and safety obligations in an office setting. Alternative sector or workplace-specific duties could be relevant in other types of workplaces. Note 1: Engage with employees or their chosen representatives to obtain views on health and safety issues—see Precedents: Health and safety employee consultation meeting agenda and Health and safety......
This Practice Note sets out the regulatory obligations for health and safety incidents, including duties to report injuries, diseases and other hazardous events. It addresses incident requirements for office-based workplaces. Different sectors or work settings may have additional, specific rules. For practical guidance on investigating, managing and reporting incidents, see Practice Note: How to manage health and safety incidents. Procedures Under the Management of Health and Safety at Work Regulations 1999 ( SI 1999/3242), organisations employing staff must: Put in place, and where needed activate, suitable procedures to be followed where there is serious and imminent danger to people at work Nominate a sufficient number of competent persons to carry out any evacuation procedures Ensure employees do not enter any workplace area where access is restricted on health and safety grounds unless they have received adequate health and safety...
This Practice Note sets out guidance on investigating, managing and reporting health and safety incidents within an office-based workplace. Different sectors or workplaces may have their own specific requirements in other settings. Dealing with incidents Employers, and anyone with control of work premises, must keep records and report specified events, including serious injuries, fatalities, cases of disease, or dangerous occurrences. For details of the regulatory obligations relating to health and safety incidents, see Practice Note: Dealing with health and safety incidents—regulatory requirements. Key staff members Ensure the individual (or designated team) with overall responsibility for health and safety has sufficient seniority to direct the assessment and management process when an incident arises and to supervise any actions implemented—see Practice Note: Dealing with health and safety incidents—regulatory requirements. According to the organisation’s size and the nature of its activities, additional personnel may need to be appointed to help the...
Admiration and fascination Engagement comes more readily when you feel intrigued by and respect your organisation’s work. When legal team members have a real interest in what your organisation does, they are likelier to feel motivated and to cultivate strong relationships with business colleagues. See Practice Notes: Motivating and managing (remote) ‘direct’ reports and Building relationships with business colleagues. Help the whole team recognise what is admirable or captivating in the organisation by: promoting attendance at sessions about your organisation’s activities inviting the relevant business people to team meetings Despair and adversity Some team members may face situations where admiration is hard to muster, because they are containing the fallout from something that has gone wrong or feel overwhelmed by the challenges confronting the organisation. In those moments, engagement and motivation may focus on what can be preserved for colleagues and what can still be...
Updated in October 2025 Introduction Mexico’s business, cultural and social landscape is continually advancing, as are the legal framework and the avenues for consolidation and ongoing expansion. Elements including consistent economic growth, a favourable demographic balance, structural reforms in pivotal industries, and Mexico’s enduring legal tradition position the country as a preferred jurisdiction for doing business. Mexico provides a range of grants and incentives to stimulate enterprise. Foreign-owned companies qualify for the same support as Mexican-owned entities. These incentives concentrate on employment generation, technological research and development, construction, and the expansion of small and medium-sized enterprises ( SMEs). The business environment Mexico has an extensive network of free trade agreements spanning North America, Europe, Japan, the Transpacific Partnership and much of Latin America, creating a compelling platform for international trade with significantly reduced tariff and non-tariff barriers. Strong government measures have targeted inflation, seeking to position Mexico on a...
There are five key steps to improving efficiency: identify (define) the process that requires improvement measure the issue analyse your data enhance the process control, ie embed the new process so it becomes business as usual Many management consultants describe this as the DMAIC framework. This Practice Note focuses on step 2—measuring the problem or inefficiency highlighted in step 1—see Practice Note: Continuous improvement—law firms—step 1—identify and define the problem. It proceeds on the basis that the step 1 issue is an inefficient client onboarding process. For further detail on continuous improvement and the phases of raising efficiency, see Practice Note: Simplifying continuous improvement—law firms. Every form of waste or inefficiency carries a cost to the firm. Some, eg surplus equipment, create a direct expense, while others relate to lost time (opportunity cost) and...
This Practice Note supports people receiving coaching or mentoring, helping you make the most of the partnership. It sets out the distinctions between coaching and mentoring, setting goals, what to do before a coaching/mentoring session, plus how to prepare, and what to expect when a coaching/mentoring session ends. It also covers what happens when the session concludes. The differences between coaching and mentoring The labels coaching and mentoring are frequently treated as the same. Common ground includes: a concentration on job-related goals and enhancing performance structured meetings progressing towards those aims The key distinction usually lies in the expertise of the person leading the conversations. A mentor is generally a more senior figure in the same discipline as the mentee, offering advice and guidance that is role-specific and often...
This Practice Note addresses the Manual Handling Operations Regulations 1992 ( MHO Regs 1992), SI 1992/2793. These regulations set out employers’ obligations concerning manual handling tasks. So far as is reasonably practicable, employers should prevent employees from carrying out any manual handling that poses a risk of injury. Where avoiding such activity is not reasonably practicable, employers must conduct a risk assessment and implement suitable measures to reduce the risk of injury to the lowest level reasonably practicable. The effect of the Enterprise and Regulatory Reform Act 2013 ( ERRA 2013) on manual handling claims is considered. As the regulations provide clear direction on assessing and managing risk, they are plainly positioned to inform the common law... Post 1 October 2013 On 1 October 2013, section 69 of ERRA 2013 came into force. For workplace accidents occurring from that date, a breach of...
Manual handling is among the most frequent causes of workplace injury, and harm arising in this way can be severe and long-lasting. It is therefore essential to control manual handling risks carefully—do not assume it is immaterial in an office setting. This Practice Note outlines regulatory requirements for manual handling in an office-based workplace and offers suggestions for managing risk at your premises. Different industries or workplaces may have additional, specific considerations to take into account. What is manual handling? Manual handling covers a broad spectrum of activities, such as: lifting lowering pushing pulling carrying loads In offices, typical loads include: boxes files filing cabinets other office furniture and equipment, eg computers, photocopy paper Regulatory requirements Regulatory requirements concerning manual handling appear in several sources. The Health and Safety at Work etc Act 1974 ( HSWA 1974) remains the...
You can run virtual meetings by phone, on a video call or through dedicated online platforms and software, often saving considerable time and money compared with in-person sessions. Yet chairing (or merely joining) a virtual meeting is not the same as doing so in a face-to-face setting. Treat it like a conventional meeting and you risk, at best, irritation and, at worst, disorder and delay. This Practice Note sets out advice on planning and running virtual meetings, highlighting tricky areas and practical ways to navigate them effectively. It concentrates on the most problematic elements and the smartest ways to work around them in practice. This includes: why they differ from in-person meetings the value of nailing the fundamentals how to craft an agenda essential chairing skills for virtual sessions the technology behind virtual meetings preventing frequent...
Practice Note on Unconscious Bias This Practice Note provides guidance for law firms on unconscious bias, including what it is, how it can affect diversity and inclusion ( D& I), and ways it can be tackled. Further information on D& I can be found in the following Practice Notes: Diversity monitoring—law firms Attracting diverse talent—law firms Retaining diverse talent—law firms What is unconscious bias? How people think is shaped by their socialisation, life experiences and exposure to others’ perspectives. At times, individuals hold preferences, beliefs or views about others that are not accurate or reasonable; this is unconscious bias. Such bias influences a person’s judgement, behaviour and perceptions. Each of us has a distinctive set of experiences from which we form our values—eg what matters in life, work and our beliefs. This creates a personal sense of what feels familiar, and therefore...
Many managers worry about leading teams they do not see face to face on a regular basis, yet countless success stories show that remote teams can deliver very high levels of productivity. In short, not seeing people every day does not prevent strong performance. What follows highlights the key areas to focus on. This Practice Note looks at: getting the basics right finding the right balance for keeping in touch building team bonds agreeing a flexible way of working managing by task rather than time setting goals and measuring outcomes supervision versus micro-management points to consider when running virtual one-to-ones (121s) or handling difficult conversations, and agreeing suitable boundaries Getting the basics right The most common mistake many managers make when managing remote teams is the belief that it is the same as leading a group who work side by side in the same office environment. It is not the same. The...
An organisation has an obligation to manage health and safety risks across its workplace in an effective, efficient manner. This Practice Note offers guidance on organising and securing health and safety at work. It addresses the requirements for office-based workplaces. Different working environments may attract additional, sector- or workplace-specific requirements. For information about regulatory requirements relevant to workplace safety, see Practice Note: Health and safety in the workplace—regulatory requirements. What are the organisation’s workplaces? The organisation’s own premises, including office space and any other areas from which it delivers its services. Other locations from which it provides services or goods, such as outreach or voluntary centres. Shared workspaces with other businesses; for example, serviced offices with communal reception, toilet and kitchen areas. In such circumstances, some communal protection measures may already be in place and/or the...
Across law firms and in-house legal teams, generational diversity has never been greater, spanning early-career entrants through to long-established experts. Veteran practitioners, newly qualified solicitors and trainees now collaborate daily, working side by side as multiple age groups contribute a broad blend of viewpoints, capabilities and expectations. By recognising these generational contrasts, you can pinpoint each cohort’s values, preferred ways of communicating and working, and harness this insight to build teams that are more effective, cohesive and inclusive across the workplace. In this practice note we will cover: an overview of generational cohorts core distinctions from one generation to the next how these differences affect the legal workplace approaches for managing generational differences a case study review a look ahead Overview of generational cohorts No one should be assessed solely by their year of birth. In this Practice Note, our goal is to...
This Practice Note sets out guidance on managing financial risk. It aligns with the SRA Standards and Regulations 2019 and outlines commonly used financial risk tools. The duty to monitor financial stability and business viability You must: proactively monitor your financial stability and business viability—and, once you become aware that you will cease to operate, carry out an orderly wind-down of your activities identify, track and manage all material risks to your business, including those that may arise from connected practices The SRA does not prescribe how this should be achieved. In practice, the level of resource devoted to financial risk management will differ between firms and depend on factors such as firm size and current financial resilience. For example, a practice that relies heavily on bank borrowings may allocate substantial resources to establish financial risk systems and review them at regular...
This Practice Note explains approaches for handling relentless client demands for fee reductions. It outlines inventive fee structures and considers how solicitors can develop greater confidence when negotiating charges. Providing creative fee arrangements instead of greater discounts Crucially, a creative fee arrangement is not simply a steeper discount. A creative price should advantage the client and also benefit the solicitor. If it favours only one side, it is unlikely to endure in the longer term. Balance is critical; where one side bears all the compromise, the model will falter. Much legal commentary suggests clients dislike time-based billing, as it can reward inefficiency. Nonetheless, some matters may still suit time-based fees as the fairest option for both parties, for example where the amount of work required is uncertain. When the likely workload is unclear, paying for time can appear the most even-handed solution for both client and...
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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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