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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 looks at how to oversee relationships with law firms your organisation engages either routinely or from time to time. Relationship management with a law firm used regularly This Practice Note proceeds on the basis that a robust selection exercise has been completed, resulting in the firms your team commonly instructs. For more on panel selection, see subtopic: Setting up a panel—overview. Key elements in relationship management The image referenced identifies five recurring ingredients for building effective partnerships with your law firms: 1. Scoping and fee parameters — When a firm is used frequently there is greater opportunity for fixed pricing or tariffs. Consider whether a comprehensive arrangement that smooths any undue pain or gain in billing suits you best, or a narrower payment structure that is widened over time. It must function for you, the firm, and your CFO. Related Practice Notes: Legal...
Updated in January 2026 Introduction Despite its modest size, the Grand Duchy of Luxembourg ( Luxembourg) ranks among the world’s powerhouses for commerce and stands as a leading European financial and industrial centre. It draws investment banks, asset managers, funds and holding vehicles, as well as firms in information and communication technology and the space sector, from across the globe, positioning it as a favoured gateway into the EU and a major business hub. Owing to political, social and legal stability, and to the determination of its political class to nurture a business-friendly setting, Luxembourg has earned a name for pro-business legislation and administration. This guide, for companies looking to establish in Luxembourg, sets out a comprehensive overview of the key features of Luxembourg law that should be considered before beginning operations in Luxembourg. That said, however complete it appears, it is not an...
A limited liability partnership ( LLP) is not a traditional partnership but a corporate body created under the Limited Liability Partnerships Act 2000 ( LLPA 2000), which took effect on 6 April 2001. During the 1990s, many larger professional firms grew increasingly uneasy about the prospect of heavy personal exposure for partners and pressed the government to resolve the problem. Following consultation, the government introduced a new vehicle, the LLP, combining the internal flexibility associated with partnerships with limited liability for its partners. An LLP is therefore a body corporate rather than a conventional partnership, established by statute. The law applying to LLPs In practice, most rules governing LLPs are modified company law rather than partnership law. LLPA 2000 makes clear that, save as expressly provided in that Act or in regulations made under it, partnership law does not apply to an LLP. LLPA 2000...
Lexcel is the Law Society’s practice management standard. Although not mandatory, Lexcel accreditation can assist firms aiming for accreditation under the Conveyancing Quality Scheme or the Legal Service Board’s Specialist Quality Mark. This Practice Note explains how to apply for, and get ready for, a Lexcel assessment. The Lexcel standard From November 2018, firms are assessed against Lexcel v6.1. The standard is divided into seven areas: Structures and strategy Financial management Information management People management Risk management Client care File and case management To secure accreditation, firms must show through an independent assessment that the standard is fully embedded within their structures, policies and procedures. Accredited firms are then reviewed each year to confirm ongoing compliance. Different types of assessment There are four types of assessments: initial assessment year 1 annual maintenance visit ( AMV) year 2 AMV full...
Lexcel represents the Law Society’s benchmark for practice management. Although not mandatory, Lexcel accreditation can support firms aiming to secure accreditation under the Conveyancing Quality Scheme or the Legal Service Board's Specialist Quality Mark. Its recognition can nevertheless be advantageous to prospective applicants for those schemes. This Practice Note explains what to expect from the assessment itself. For advice on preparing for the assessment, see Practice Note: Lexcel—pre-assessment. Obtain and collate chosen files for review The assessor will notify you beforehand—usually in the timetable section of the assessment plan—of their intended arrival time on the first day, commonly late morning or early afternoon. However, they will very likely email you early on the morning of your assessment with a list of fee earner files they wish to examine, and you will be expected to gather and collate those files well in advance of their...
Lexcel is the Law Society’s benchmark for practice management. Accreditation is optional, yet Lexcel status can assist firms seeking recognition under the Conveyancing Quality Scheme or the Legal Service Board's Specialist Quality Mark. This Practice Note explains every step of the post-assessment pathway. Processing final report Soon after your assessment (typically two to three days), the assessor will send you the final report by email. It will set out any minor and/or major non-compliances, highlight areas for improvement, and note examples of good practice. A duplicate of the report will be forwarded to the Law Society panel......
Senior lawyers who report to business managers in other jurisdictions may not welcome functional reporting, particularly if they were in post before you took on the role as head of the function. Your first task is to create a relationship they perceive as supportive rather than a licence to interfere, while ensuring the business also recognises the responsibilities you carry. This Practice Note offers practical guidance and tips for in-house lawyers on building and enhancing relationships with remote functional reports. It should be read alongside Practice Note: Building relationships with business people to whom in-house team reports, which underscores the importance of forging a strong relationship with your functional report’s manager... Your functional contribution (listed as examples in the note referred to above) Encourage the recruitment and retention of in-house lawyers who can perform to a high standard ...
Practice Note This Practice Note outlines the challenges a manager encounters when driving change and offers practical guidance on leading the team effectively throughout, grounded in the varied ways people may respond. People can react in many different ways, influenced by: whether the change is their choice or imposed upon them the scale of the change the extent of their input into how it will affect them whether past changes were experienced and if they succeeded whether they agree with the change whether the change presents any threats to them Typical emotions include anxiety, excitement (it seems great on paper), denial (they will never do it), hopefulness and fear of the unknown. For many in in-house legal teams, changes are arriving thick and fast in continuous waves, so a person may not have fully adjusted to one shift before the next is...
Organisational change is demanding, yet law firms that stand still risk falling behind a rapidly shifting world. Leading change well in the workplace can re-energise teams and lift creativity and productivity. This Practice Note sets out Kotter’s eight-step change management approach and how firms can use it. It addresses securing buy-in, why people respond differently to change, what to do when change falters, and how to mark successes... Kotter’s eight-step change process and how to use it There are many theories for implementing change in an organisation, but the most widely recognised and frequently cited is John Kotter’s eight-stage model. These stages provide a logical route for embedding change and engaging employees. Practice Notes: Continuous improvement—law firms—step 5—embed the process—making changes firm-wide and Continuous improvement—law firms—step 5—embed the process—anticipating the response to major change explore this further; below are practical pointers for each...
This Practice Note outlines why influence matters, a core leadership capability, and why effective communication is essential. Leaders must shape others without crossing into manipulation, which is usually recognised swiftly and resented. Leadership is not solitary; clear, accessible messages that everyone can grasp are vital. Communication is reciprocal, and strong channels across the firm are necessary. Attentive listening and acting on suitable feedback are also fundamental to strong leadership... How to influence others without being manipulative When considering how to sway colleagues, leaders often fixate on the wording, for example: what exactly should I say? how best to phrase this email? what should the intranet post convey? In truth, a leader’s behaviour carries far greater weight than any words could......
Business plans vs business cases Most people know about business plans, even if they have never drafted one. Organisations usually produce them for a clear objective: to show external audiences—such as banks, venture capitalists and private equity firms—why they should commit funds or other backing. These documents often follow a familiar structure, typically covering: the organisation’s aims an overview of competitors a strengths, weaknesses, opportunities and threats ( SWOT) review projected finances Although the phrases ‘business plan’ and ‘business case’ are frequently muddled, they are not the same. Both are created to seek some form of investment and to explain how that investment will be deployed and delivered. Yet they differ in these respects: Business plans – Usually outward-facing documents prepared for independent third parties, for example outside investors or lenders. Business cases – Typically materials presented inside the organisation, for instance a product development team might produce a business case to...
This Practice Note examines methods for valuing law firms and sets out the elements most prone to shape that assessment. Although several conventional approaches exist, it offers a worked illustration of an earnings-led valuation (discounted economic income). Investors commonly adopt this approach when pricing a company and, therefore, it is a vital computation to undertake before starting any talks. The outcome might be below your expectations, yet it provides a window into the sum an investor or acquirer could be prepared to offer. The discounted economic value model In brief, this model projects a firm’s future net cash profits and discounts them to today’s value. By applying an appropriate discount rate, it seeks to reflect the spectrum of risks the business encounters in generating that earnings flow over time. The exercise, therefore, converts anticipated cash returns across multiple years into a single current figure that...
The interview is your chance to showcase your proposal to the potential client. Poor preparation is the biggest cause of defeat at this stage. Even with a strong line-up, delivering without adequate rehearsal invites failure. This Practice Note sets out the core actions and factors to consider when preparing for a tender presentation. Get organised Hold a team meeting with the full pitch group at the earliest opportunity—see Precedent: Preparing for a tender presentation—meeting agenda. Aim to run this first session at least four to five working days before the interview. Check the administrative arrangements in the request for proposal ( RFP) or invitation to tender ( ITT). If the papers do not cover this, confirm directly with the client: how much time is available the preferred team size and make-up the location the room type the facilities and technology at the presentation location who will attend from the client side and what...
If you fail to plan, you are planning to fail These wise words, commonly ascribed to Benjamin Franklin, are strikingly relevant to the running of law firms today and their ongoing management. Whether your practice is a one-person outfit or a substantial organisation with numerous stakeholders, the underlying challenge does not change in essence. Succession planning is more than plotting for retirement; it is about charting the future of your firm and then gearing up to take the steps required to achieve that vision in reality. Your approach will be shaped by whether your objective is to: grow hold (remain the same) dispose close Once the destination is identified, the succession task becomes far simpler to manage. Plans must always consider clients, people, structure, finance and risk in every case, though the balance will shift according to your chosen path and priorities will inevitably adjust. If closure is in view,...
What are strategic aims? A strategic aims document, often referred to as a strategic plan, sets out the firm’s aims over a defined timeframe—typically between one and five years—and condenses the actions the business will take to realise the organisation’s overarching vision or goals. See Precedents: Draft strategic aims and Sample strategic aims. This Practice Note, together with the referenced Precedents, will help you create a single, succinct document articulating high‑level strategic aims, covering areas such as: where you should direct investment, the scale of that investment, and the source of funding which markets you will compete in and which you plan to leave the types of services you ought to provide the desired firm and management structure the people and infrastructure you will require Your strategic aims must remain adaptable—ie not set in stone—so you can respond to...
This Practice Note reviews the various categories of social media and points to the leading platforms in each. It further sets out how law firms can deploy these channels as marketing tools to publicise their services and reinforce their brand. Social media is now a staple marketing mechanism for many businesses across sectors. If you have yet to examine what other firms in your area, or those sharing your specialism(s), are doing on social platforms and how they use them to promote their practices, you may wish to do so. Insights from that review can inform and refine your own social media approach and priorities. It is equally essential to grasp how your target client base engages with these networks on a daily basis. To advertise in the right places, identify where prospective clients already are before investing time and budget in a social...
This Practice Note provides guidance on: the basic content of an offer letter taking up references keeping in touch before the start date preparing for a new employee’s first day induction programmes Basic content of an offer letter The majority of applicants will refrain from handing in their notice until they hold a formal written offer of employment. After you have identified your preferred hire, move quickly, particularly if you have been fortunate enough to secure an outstanding prospect who might be considering more than one opportunity. Make sure the written offer reflects everything promised verbally, and verify that all requisite approvals and authorisations have been obtained before issuing it, to avoid confusion, delays, or the risk of losing them to a competitor at the final hurdle......
Interviews remain a proven hiring approach, and you can enhance them with alternative selection techniques aligned to the vacancy. Certain options suit senior legal posts, while others fit junior or support positions. The strongest route to pinpointing the ideal hire is a well-planned interview combined with relevant assessment. Selection methods should reflect the level and duties of the appointment. Match each exercise to genuine role requirements to keep assessment fair and focused. Avoid unnecessary tasks that do not evidence the competencies you truly need. Keep the process proportionate. It may seem self-evident, but ensure you deploy exercises solely to test competencies needed for the job—for instance, there is no point asking for a presentation if presenting is never part of the duties. This Practice Note includes: assessment centres—what they are and when to use them psychometric testing other tools for...
This Practice Note This Practice Note helps you enhance efficiency in your firm by selecting the appropriate tool(s) for each phase of the five-step continuous improvement process, as set out in Practice Note: The five steps to continuous improvement, ie: define (ie identify) measure analyse improve control This is known as the DMAIC framework. It is an excellent approach to follow when you are working to improve an existing process. It leads you through each element one step at a time and ensures you......
This Practice Note outlines how to pinpoint learning needs and addresses: what a learning need is individual learning needs organisational learning needs learning needs analysis ( LNA) reports For guidance on identifying initial learning and development ( L& D) priorities for your firm, see Practice Note: Formulating a learning and development policy. What is a learning need? A learning need is the shortfall between the skills, knowledge or capability an individual or organisation requires and what is currently in place. Learning needs are commonly examined on two levels: the needs of the individual the needs of the organisation Like any other business investment, learning should be planned, prioritised, targeted and managed to achieve the best possible return. It is crucial that both the organisation and the individual understand these needs if any proposed training is to deliver maximum benefit. At both 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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