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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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STOP PRESS: This document is being updated to reflect implementation of the Data ( Use and Access) Act 2025 ( DUAA 2025) which amends the UK GDPR and Data Protection Act 2018. For more guidance on the compliance implications of DUAA 2025, see Practice Note: Data ( Use and Access) Act 2025—compliance implications. This Practice Note consolidates information requirements located in different parts of the UK General Data Protection Regulation ( UK GDPR). While many relate to privacy notices, it also covers matters such as data breaches and the data protection officer ( DPO). It does not address information requirements where information society services are provided to children. Transparency is a core UK GDPR principle. Most organisations satisfy these obligations through a privacy notice or privacy policy. For a quick reference on the form and content of your notices, see Precedent: Privacy notice audit. For sample...
This Practice Note outlines the principal cybersecurity ramifications posed by artificial intelligence ( AI) in relation to duties under UK law, including those arising from the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR). It further sets out practical guidance on embedding AI as a relevant factor within existing cybersecurity compliance frameworks already in place. Advances in AI prompt concerns about the implications for cybersecurity and, as adoption grows, so too do related cybersecurity concerns. In January 2024, the UK National Cyber Security Centre ( NCSC), the UK’s technical authority on cyber threats, warned that AI will almost certainly render cyberattacks on UK organisations more effective and widespread. In April 2026, DSIT and the Cabinet Office published an open letter to businesses on AI cyber threats, warning that the development of AI models is...
This Practice Note compiles a consolidated set of key United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR)-compliant precedent terms, clauses, provisions, schedules and agreements, which can be tailored for commercial dealings and personal data sharing contexts. It also contains certain schedules intended for matters where both the UK GDPR and the General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) apply, tackling both regimes within one contract by adopting the highest common denominator of the two compliance frameworks. It is structured as follows: controller to processor data processing arrangements controller to controller data sharing arrangements clauses for international transfers Consult the relevant document for details on when each is intended to be used. For a broad primer on data protection law that gathers key practical guidance, see: UK data protection law...
Updated in April 2026 Introduction Türkiye has stood at the centre of international politics owing to its role in the Syrian conflict along its southern border and its approach to refugees. The coronavirus ( COVID-19) pandemic, as elsewhere, heavily influenced domestic policy and the economy. Disputes in the Mediterranean over the search for natural gas also stayed high on the agenda. Since the final quarter of 2018, the economy has endured recessionary conditions linked to the attempted coup d’état of 15 July 2016, marked by elevated inflation, costlier borrowing, and volatile exchange rates. Although economic projections were shaken in 2020 by the pandemic, Türkiye sought to blunt the fallout through the Economic Stability Shield programme unveiled on 18 March 2020, setting out nationwide supportive and preventative steps to lessen the economic damage, covering taxation, credit and labour-related matters. By late 2021, the Turkish lira had...
All websites should be accessible, especially by people with disabilities. Website access is regulated by the Equality Act 2010 ( Eq A 2010) together with the Public Sector Bodies ( Websites and Mobile Applications) ( No 2) Accessibility Regulations 2018 ( PSBAR), SI 2018/952. Those Regulations give effect to Directive ( EU) 2016/2102 (the EU Web Accessibility Directive) on making public sector bodies’ websites and mobile applications accessible to users. ( As EU‑derived domestic legislation, these Regulations sit within assimilated law and remain in force in the UK—see Practice Note: Assimilated law.) This Practice Note concentrates on UK-specific legislation and guidance relating to web accessibility across the sector. That said, organisations trading in both the EU and the UK should evaluate whether any additional or different compliance obligations may apply in their circumstances. In particular, they should note Directive ( EU) 2019/882 (the...
The SRA Standards and Regulations set out a practice model: the freelance solicitor. This Practice Note outlines the regulatory position of freelance solicitors. It also distinguishes them from sole practitioners. It summarises practice limits for freelancers, alongside requirements on holding client money and indemnity insurance. It also provides guidance for law firms and in-house lawyers on the risks of dealing with a freelance solicitor on the other side of a transaction or matter. What is a freelance solicitor? ‘ Freelance solicitor’ is not a defined term in the SRA glossary. The SRA uses the term in guidance to describe a self-employed solicitor who is: practising alone and employing no one in connection with the services they provide practising in their own name (rather than using a trading name or a service company) engaged by clients directly, with fees paid to them...
This Practice Note sets out: the powers available to the court to enforce undertakings when those powers are likely to be exercised A breach of an undertaking will generally amount to professional misconduct and can be addressed by the SRA, but the SRA cannot itself enforce compliance with an undertaking. For further guidance, see Practice Note: Undertakings and the SRA. Take care when accepting undertakings from freelance solicitors and non- SRA firms, including solicitors working within non- SRA firms. For more guidance, see Practice Note: Dealing with freelance solicitors. Also note that the court lacks inherent jurisdiction over incorporated law firms (companies and limited liability partnerships). This is explained at section: The court's inherent jurisdiction. What is an undertaking? An undertaking is: a statement, given orally or in writing (even if it does not use the word 'undertake' or...
What is an undertaking? An undertaking is a commitment with three core features: a statement made verbally or in writing, whether or not it uses the terms 'undertake' or 'undertaking' addressed to a person who can reasonably rely on it that you, or a third party, will do (or ensure is done) something, or will refrain from doing something All these elements must be present for an undertaking to arise. In most situations it is obvious whether an undertaking has been given. Not every assurance or expression of intention from a solicitor is an undertaking; if it were, even a promise to return a telephone call would be enforceable. Drawing the line between an enforceable undertaking and a simple statement of intent is challenging. There are no hard and fast rules; each matter depends on its own facts. For more guidance, see Practice Note: What is a...
This Practice Note summarises General Licences issued by the Office of Financial Sanctions Implementation ( OFSI) under the UK financial sanctions framework. It does not extend to General Trade Licences from the Department for Business and Trade ( DBT). HM Treasury may change, withdraw or suspend any General Licence at short notice; always consult the licence itself before acting. See Practice Note: Sanctions-legal services general licences for an overview of General Licence INT/2025/6160920 on legal services. Full details of OFSI General Licences can be found here. For guidance on specific financial sanctions licences and exemptions, see Practice Note: Licences and exemptions in financial sanctions. For practical steps on applying for an OFSI licence, see Practice Note: How to apply for an OFSI licence and Applying for an OFSI...
ARCHIVED: This archived Practice Note summarises what employers should weigh up when running workplaces through the coronavirus ( COVID-19) pandemic, aligned with the government’s Living with COVID-19 approach and the shifts from 1 April 2022. It covers self-isolation for those testing positive, displaying symptoms or identified as close contacts, along with testing, contact tracing, self-isolation support payments, statutory sick pay ( SSP), duties on staff and employers, and considerations for at-risk groups. On 21 February 2022, the Cabinet Office set out the COVID-19 Response: Living with COVID-19, detailing the plan to lift the remaining domestic legal restrictions in England from 24 February 2022. Additional revisions applied from 1 April 2022, notably the end of free universal testing, updated advice on self-isolation for people with COVID-19, and the replacement of BEIS working safely guidance with new public health guidance (see: Timeline for changes below). For...
This Practice Note is designed for commercial organisations within scope of the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended. It explains the obligation to appoint a board-level (or equivalent) individual to oversee compliance with the MLR 2017, commonly called the money laundering compliance officer ( MLCO) or board-level person. It mirrors the requirements of the MLR 2017 and offers suggestions on good practice; however, you should check whether your organisation’s AML supervisory authority sets any extra conditions or limitations. Law firms regulated by the SRA should consult Practice Note: -law firms. Appointment is not universal. Sole traders are not required to appoint an MLCO. Other entities are only required where both of the following apply: they fall within the MLR 2017, and it is...
Practice Note People often observe that running a business involves risk, and that the greatest danger an entrepreneur faces is failing to consider risk at all. A careful organisation identifies its exposures and, where possible, controls them. This Practice Note clarifies what is meant by legal risk and sets out practical guidance for managing it. It is aimed at in-house lawyers working within UK commercial organisations. For seasoned in-house counsel, many elements of basic legal risk management will be second nature-activities you likely undertake as part of everyday work. However, as risk management evolves into a strategic business tool and expectations grow for in-house lawyers to engage actively in formal risk processes, you are encouraged to step back from a purely reactive, day-to-day approach. A proactive, strategic stance requires attention to broader legal...
UK GDPR regime This material examines the UK GDPR framework, with legislative references pointing to Assimilated Regulation ( EU) 2016/679, the UK General Data Protection Regulation ( UK GDPR) and the Data Protection Act 2018 ( DPA 2018), unless specified otherwise. It reflects the provisions of the Data ( Use and Access) Act 2025 ( DUAA 2025) in force on 5 February 2026 (see Practice Note: Data ( Use and Access) Act 2025—employment implications). For broader guidance on workplace data protection, consult the following Practice Notes: The UK GDPR and DPA 2018: key data protection issues for employment lawyers The UK GDPR and DPA 2018: lawful processing of personal data in employment For a fuller overview of the UK GDPR, refer to Practice Note: The UK General Data Protection Regulation ( UK GDPR). Throughout recruitment and selection, employers must process—ie collect, use and...
This Practice Note is directed at commercial organisations operating in the UK. It should be read alongside, and in tandem with, Practice Note: How to manage modern slavery and human trafficking risk. Why you need to manage this risk Modern slavery causes profound harm and suffering. Every business is urged to take proactive steps to ensure they are not complicit in such practices, whether deliberately or inadvertently. Beyond the ethical and moral imperative, MSA 2015, s 54 obliges large commercial organisations (those with total turnover of £36m or above) to prepare and publish, each year, an annual modern slavery and human trafficking statement. Non-compliance with MSA 2015 may prompt the Secretary of State to pursue an injunction in the High Court (or, in Scotland, civil proceedings for specific performance) compelling the organisation to comply. If the organisation then ignores the injunction, it risks contempt of court, which is...
Sanctions Sanctions are temporary limits or bans set by governments that govern how their citizens and businesses interact with targeted countries or regimes. They are a tool of foreign policy and may apply to countries, regimes, organisations, individuals, and entities. Sanctions will typically either be aimed at doing so......
STOP PRESS This document is currently being revised to incorporate the Data ( Use and Access) Act 2025 ( DUAA 2025), which amends the UK GDPR and the Data Protection Act 2018. For further guidance on the compliance implications of DUAA 2025, see Practice Note: Data ( Use and Access) Act 2025—compliance implications. This Practice Note is aimed at in-house lawyers and privacy and compliance specialists within private sector commercial organisations in the UK. It sets out how to manage cross-border transfers of personal data and outlines the legal and practical difficulties organisations encounter with international data flows. It aligns with ICO guidance on international transfers, including guidance on transfer risk assessments ( TRAs). It is not intended for public sector organisations. It also reflects the United Kingdom General Data Protection Regulation ( UK GDPR) and the Information...
The Russia ( Sanctions) ( EU Exit) Regulations 2019 ( SI 2019/855), made under the Sanctions and Anti- Money Laundering Act 2018, establish the UK’s Russia sanctions regime. Its aim is to encourage Russia to: halt activities that destabilise Ukraine, including conduct that undermines or threatens Ukraine’s territorial integrity, sovereignty and independence promote payment of compensation by Russia for damage, loss or injury suffered by Ukraine For information on the UK sanctions regime against Belarus, see Practice Note: Sanctions regime— Belarus. Key information The Russia ( Sanctions) ( EU Exit) Regulations 2019 ensure Russia-related sanctions are effectively implemented in the UK. In force from 31 December 2020, they replaced the previous EU sanctions regime responding to Russia’s actions in Ukraine. The measures include: Financial sanctions Immigration sanctions Trade sanctions Transport sanctions Director disqualification sanctions For further information, see section: What’s prohibited? The territorial extent of the Regulations covers the whole of the UK,...
What is HMRC? HM Revenue and Customs ( HMRC) manages the administration and collection of UK taxes. Its scope includes: Direct taxes: income tax and corporation tax Capital taxes: capital gains tax and inheritance tax Indirect taxes: value added tax Excise duties Stamp duty land tax HMRC is also a law enforcement authority investigating serious organised fiscal crime, taking on work formerly carried out by HM Customs and Excise (excluding drug trafficking), such as tobacco and alcohol smuggling. Main reasons for an HMRC raid There is an online facility and a hotline for reporting suspected tax fraud; submissions are reviewed by HMRC. Where it considers there is a basis to proceed, HMRC may make arrests and search premises. It also engages in insolvency processes and, as a creditor, if it identifies potential tax frauds it will investigate and may raid business...
What’s new and what’s changed in 2019— Risk & Compliance [ Archived] ARCHIVED: This Practice Note has been archived and is not maintained. For further details, see the subtopic: New and updated content in Risk and Compliance. This Practice Note provides month-by-month updates on amended material and newly published items in Risk & Compliance. Additions or revisions may reflect regulatory change or arise from ongoing content development. December 2019 New: Content added as part of content development. Updated Practice Notes: Working with foreign lawyers—the registered foreign lawyer ( RFL) regime Working with Swiss lawyers—the registered European lawyer ( REL) and registered Swiss lawyer ( RSL) regimes Reason: updated to reflect requirements in the SRA Standards and Regulations 2019. Updated Practice Note: How to...
STOP PRESS: The Data ( Use and Access) Act 2025 ( Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82, activate the outstanding provisions of the Data ( Use and Access) Act 2025 ( DUAA 2025). From 5 February 2026: subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers, and enforcement. From 19 June 2026: penalty notices and complaints. For further details, see Practice Note: Data ( Use and Access) Act 2025—employment implications. This Practice Note will be updated shortly to reflect these changes. It provides guidance on an individual’s rights as a data subject within the employment context. It aligns with the UK GDPR regime, and legislative links are to Assimilated Regulation ( EU) 2016/679, UK General Data Protection Regulation ( UK GDPR) and the Data Protection Act 2018 ( DPA 2018), unless stated...
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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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