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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 brings together practical illustrations of scenarios where legitimate interests may serve as the lawful basis for processing personal data. The examples are collated from several sources: Information Commissioner’s Office ( ICO) UK GDPR guidance and resources— Legitimate interests European Data Protection Board ( EDPB) Guidelines 1/2024 on processing personal data under Article 6(1)(f) WP29 (now the EDPB) Opinion on the notion of legitimate interests of the data controller under Article 7 of Directive 95/46/ EC—predating the EU General Data Protection Regulation ( EU GDPR), with Guidelines 1/2024 stated to build upon that earlier Opinion According to the ICO, EDPB guidelines are no longer directly relevant to the UK regime and are not binding within it. Nonetheless, they may still offer helpful guidance on particular questions. Lawful grounds for processing personal data under UK GDPR You cannot simply process personal data because you wish to. You may only...
This Practice Note is aimed at in-house counsel. It sets out how to build a legal risk register — a device for gathering all legal risk details in one location — by classifying each legal threat the organisation encounters, assigning a score to each, and then determining the controls or mitigations to apply effectively across the enterprise as appropriate. To craft a robust legal risk register, start by spotting the legal exposures your business confronts. It is also worthwhile to gauge your organisation’s tolerance for risk at this stage. What is risk? Many organisations maintain a written definition, against which their overall risk environment — and the legal component within it — can be recognised and mapped. If your organisation already has a definition, evaluate it and, if it proves practical, you are well placed to consider what amounts to legal risk. If not, you should assist the...
What is legal professional privilege? This Practice Note is aimed at in-house lawyers, including those working within law firms. It explains what legal professional privilege ( LPP) means, how it operates, and who owns it. The Note also sets out how LPP can be lost or waived and summarises privilege issues in selected other jurisdictions. It covers legal advice privilege and litigation privilege, the two distinct limbs of LPP. Where appropriate, it draws on SRA guidance for in-house lawyers. See section: SRA guidance for in-house lawyers. Although parts of the law on privilege remain untested and open to academic discussion, in-house practitioners will typically decide if privilege applies by practically applying core principles and using professional judgement. LPP is an umbrella concept comprising: legal advice privilege ( LAP), and litigation privilege It protects the confidentiality of written and oral...
Legal Professional Privilege ( LPP) safeguards the privacy of spoken and written exchanges between solicitors and their clients. It allows a party to resist disclosure of material to a third party or the court—see Practice Note: Legal professional privilege for in-house lawyers. Explaining LPP to your colleagues You must be able to explain precisely what privilege means to your colleagues. Be careful about the language you choose to use. Keep messages clear and avoid jargon—it can be preferable not to use the phrase 'legal privilege' at all when speaking with colleagues. Set out clearly how privilege operates in practice and what is required. Explain that LPP shields the organisation’s confidential legal advice and communications from third parties, including regulators and competitors. To protect such material, keep it confidential and share it only with defined individuals. It is the responsibility of all employees to protect the...
Why you need to manage this risk Key business assets are the organisation’s possessions that are critical to ongoing operations; their loss would seriously hamper the organisation’s ability to continue operating. As with assets generally, a key asset might be tangible (for example, a paperclip or a factory) or intangible (for example, a patent or software)......
Updated in June 2025 Introduction With the world’s third-largest nominal GDP, Japan is a preferred springboard for international firms establishing a first foothold in Asia and for locating research and development centres, given the region’s rising significance and the advanced technologies of Japanese companies. It serves as a key regional hub, a gateway to neighbouring Asian markets, and a setter of trends. International companies, especially manufacturers, gain from Japan’s suppliers, from large corporates to small and medium-sized companies, renowned for high-quality products and components. The country offers a mature legal framework with reliable, impartial courts, alongside a stable democratic environment. It is widely recognised as among the safest nations, and boasts sophisticated infrastructure and high-quality medical services. Businesses can adopt multiple structures when setting up in Japan. This guide outlines key considerations for newcomers before commencing operations in Japan. This guide should not be treated as an......
Updated in April 2026 Introduction Italy is a parliamentary republic with a two‑chamber system. The Prime Minister serves as Head of Government. Parliament comprises the Chamber of Deputies and the Senate. The President of the Republic designates the Prime Minister, who must obtain Parliament’s confidence. The President’s term spans seven years. Parliamentary general elections are held every five years. Italy follows a civil law tradition. Its legal sources comprise the Constitution, statutes, secondary legislation, EU regulations (directly applicable and not requiring implementation) and EU directives (which must be enacted through national legislation). The nation is organised into 20 regions. The Constitution grants regions legislative powers in specific fields, including public health, education, agriculture and tourism. Italy is a founding member of the EU. Business environment Italy ranks among the world’s largest economies, typically within the top ten by GDP, and is Europe’s...
Updated in October 2024 Introduction Ireland is regularly placed among the world’s leading destinations for setting up international operations. The country has drawn many of the globe’s largest enterprises to base activities here, spanning global technology, pharmaceuticals, biosciences, manufacturing and financial industries. Ireland’s pull as a business hub stems from the pro-investment stance of successive Irish governments, EU membership, a highly favourable rate of corporation tax, and a talented, adaptable labour force. Together, these and other elements make Ireland a compelling choice for foreign direct investment. Following the UK’s departure from the EU on 1 January 2020, and the end of the transition phase on 31 December 2020 that had kept the UK within the customs union and single market, Ireland’s role as an English-speaking gateway to one of the planet’s largest markets has grown in importance. Several organisations have already...
We provide an interactive resource. It highlights principal risk management concerns spanning core compliance domains, such as data protection, crime prevention, and information and data management. For each compliance area, there’s......
SRA Code of Conduct for Solicitors, RELs, RFLs and RSLs The SRA Code of Conduct for Solicitors, RELs, RFLs and RSLs (the Code for Solicitors) sits within the SRA Standards and Regulations. It applies to all solicitors, registered European lawyers ( RELs), registered foreign lawyers ( RFLs) and registered Swiss lawyers ( RSLs), wherever they are practising, including those working in-house. References in this Practice Note to in-house solicitors also cover RELs, RFLs and RSLs practising in-house. The Code for Solicitors contains rules on: conflicts of interest the duty of confidentiality the duty of disclosure Although each is a separate compliance obligation, they frequently overlap. This Practice Note explains the Solicitors Regulation Authority ( SRA) requirements on conflicts of interest, confidentiality and disclosure for in-house solicitors. It outlines how these duties apply in an in-house setting and offers...
This Practice Note delivers overarching guidance for in-house lawyers on excluding and limiting liability. Exclusion and limitation of liability Clauses that exclude or cap liability allow in-house lawyers to manage their organisation’s contractual exposure. These provisions are intensely negotiated in many agreements and come under sharp focus when matters go awry. The statutory regime regulating such terms is intricate, and the jurisprudence informing their construction is finely balanced. Mastering the underlying legal context is crucial when bargaining over exclusion and limitation clauses. Equally, clear, exact drafting underpins an effective exclusion or limitation of liability provision. Business-to-business ( B2B) contracts Any contract term that excludes or restricts liability is subject to common law and statutory controls. Practice Note: Exclusion and limitation of liability examines exclusion and limitation of liability in business-to-business ( B2B) contracts. It sets out guidance on the statutory and common law...
Practice Note This Practice Note sets out guidance for in-house solicitors on the SRA Code of Conduct for Solicitors, RELs, RFLs and RSLs within the SRA Standards and Regulations. The framework contains two distinct Codes of Conduct: one for individual solicitors and one for firms. Every solicitor, registered European lawyer ( REL), registered foreign lawyer ( RFL) and registered Swiss lawyer ( RSL) authorised by the SRA must adhere to the Code for Solicitors, irrespective of role, setting or working arrangement. There are no tailored provisions for in-house practice: the whole Code for Solicitors applies to in-house lawyers, except for a part engaged only when services are provided to the public, which in-house practitioners may deliver in limited circumstances (see below: When you are providing services to the public or a section of the public). This Practice Note describes how the Code for...
Information security is now a critical business matter. It is not an issue to approach alone, as it clearly intersects with cyber security and data protection. This Practice Note describes a coherent method for reviewing and meeting your information security needs and signposts relevant Precedents. For more comprehensive advice, see Practice Note: How to comply with information security requirements. Identifying what information you hold There are various management techniques, such as information audits, that help you determine what information you hold and what you are legally accountable for. An information audit is a process through which you: identify and review all information you hold (or are responsible for), and assess how......
Updated in December 2025 Introduction India remains one of the fastest growing economies globally. Foreign Direct Investment ( FDI) in FY 2024–25 reached US$80.62bn, the highest level in the past three financial years. In the first half of FY 2025–26, total FDI inflow was provisionally US$50.36bn, marking a 16% rise on the first half of FY 2024–25, which recorded US$43.37bn. As the world’s third-largest startup hub, India’s startup ecosystem is alive with innovation, ambition and a vibrant entrepreneurial mindset. Around 201,335 recognised startups have generated over 21 lakh jobs nationwide, with at least one recognised startup present in every state. This Practice Note offers a broad legal overview for doing business in India. It is drafted in general terms, and how it applies to any particular matter will depend on the specific circumstances. Readers should seek their own professional advice, and this Practice Note should not be...
The Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692 brought in a duty for certain organisations to create an independent audit function to test their compliance with the MLR 2017. This Practice Note sets out how to establish that independent audit function. It outlines core responsibilities and recommended practices for the independent audit function, and clarifies how independent audit differs from your money laundering, terrorist financing and proliferation financing risk assessment. Reflecting the amended requirements of the MLR 2017, this guidance is generally applicable. You should verify whether the MLR 2017 contain any additional or varied obligations for your sector and whether your regulatory body has extra, sector‑specific requirements relating to independent audit. For law firms regulated by the SRA, see Practice Note: —law firms, which reflects guidance issued by the SRA and the...
The UN Guiding Principles on business and human rights ( UNGPs) mark a change in how human rights concerns are addressed. It is now recognised that these matters are not confined to nation states and international organisations. Businesses operate worldwide through increasingly intricate structures and supply chains, and therefore bear a corporate responsibility to respect and manage human rights within their operations—over and above any legal obligations placed upon them. Endorsed by the UN Human Rights Council in 2011, the UNGPs set out a framework for states and business organisations to identify and tackle human rights risk linked to business activity. This Practice Note highlights the key elements of the UNGPs, explains how they apply to business organisations, and suggests practical ways an organisation can embed them within its...
This Practice Note contains guidance on assessing the risk of your organisation causing or contributing to an adverse human rights impact Human rights due diligence and risk assessment are not presently mandated by UK law; however, they remain a core element of the corporate responsibility to respect human rights under the UN Guiding Principles on Business and Human Rights ( UNGPs). Adopting these practices is also sound business sense, helping to safeguard an organisation against operational and reputational risks linked to causing or contributing to adverse human rights impacts. In addition, particular facets of the responsibility to respect human rights may already be required by domestic legislation, such as health and safety, non-discrimination, or environmental laws. The EU Corporate Sustainability Due Diligence Directive, Directive ( EU) 2024/1760 ( CSDDD), further introduces compulsory human rights and environmental due diligence obligations for the largest...
This How-to guide helps organisations to shape a corporate social responsibility ( CSR) strategy and to draft and put a CSR policy into practice. It outlines key points to consider and signposts useful tools. This Practice Note covers: what CSR is considering how CSR can help developing a business case for CSR key staff members formulating the organisation's approach to CSR formulating the organisation's CSR policy CSR policy precedent implementing CSR reviewing the CSR policy For information on regulatory requirements relevant to CSR, see Practice Note: Corporate social responsibility ( CSR)—regulatory requirements. What is CSR? CSR is a self-regulating approach through which an organisation oversees the effects it has on economic, social and environmental aspects of society. It is commonly understood as a commitment to go beyond profit alone, to operate responsibly, and to embed...
UK GDPR claim This Practice Note sets out advice on responding to a ‘ UK GDPR claim’. It refers to the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), as revised by the Data ( Use and Access) Act 2025 ( DUAA 2025), alongside the Data Protection Act 2018 ( DPA 2018). Claims falling within EU jurisdiction are governed by the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR). UK data protection legislation (notably Assimilated Regulation ( EU) 2016/679 ( UK GDPR)) originates to a great extent from EEA regimes and so rests on comparable principles, albeit with some granular divergences in its provisions. Moreover, in the UK, ‘assimilated law’ denotes retained EU law ( REUL) that continued to apply beyond the close of 2023, including the UK GDPR....
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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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