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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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Although application materials and interviews can indicate a candidate’s fit for a vacancy, further checks or vetting are still required to confirm their overall suitability. You must confirm the individual’s permission to work in the UK (see section: Establishing the right to work in the UK). These steps complement the assurance gained from your initial application and interview assessments. In addition, you may need to: request references from their current and previous employers—see section: References where appropriate, seek a Criminal Record Certificate or Enhanced Criminal Record Certificate from the Disclosure and Barring Service ( DBS)—see section: Criminal records—asking questions and DBS checks obtain a pre-employment medical report on the candidate—see section: Health questions establish that a regulated candidate holds the qualifications claimed and review their disciplinary history—see section: Qualifications and regulatory record checks carry out pre-employment due diligence or...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill secured Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025), with parts commencing on that day. Provisions addressing, among other things, handling data subject access requests and granting powers to make further regulations took effect immediately on 19 June 2025. Other measures, dealing with notices from the Information Commissioner and certain aspects of law enforcement processing, began on 19 August 2025, two months after Royal Assent. Most remaining sections of DUAA 2025 require additional regulations, in the form of statutory instruments, before they can commence. Parts 5 and 6 amend areas of UK data protection and e Privacy law, including the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018, and the Privacy and...
This Practice Note outlines the central duties relating to sources of funds and wealth, and draws out the distinction between the two concepts. It also explains what to do if you are concerned. The guidance is of general application, alongside specific direction for firms overseen by the SRA for anti‑money laundering ( AML) purposes. If you are not a legal practice and/or the SRA does not act as your AML supervisor, you should confirm whether different or additional requirements apply in your sector and whether your regulatory body imposes further, sector‑specific expectations about source of funds and wealth. Source of funds v source of wealth The two terms are not synonymous; while they may overlap substantially, they are interconnected rather than standalone. They should not be viewed in isolation from one another in each case accordingly. Source of funds concerns where the monies used for...
This Practice Note considers exclusion and limitation of liability in business-to-business ( B2B) contracts. This Practice Note offers guidance on the common law and statutory controls that govern exclusion and limitation of liability clauses (also described as limitation of liability clauses, limitation clauses, exclusion of liability clauses, exclusion clauses and exemption clauses), including the Unfair Contract Terms Act 1977 ( UCTA 1977) and the Misrepresentation Act 1967 ( MA 1967). It identifies which provisions amount to exemption clauses and sets out three central matters to address when drafting them or assessing them in a dispute: incorporation construction statutory controls It also outlines the courts’ treatment of attempts to exclude or restrict liability for certain breaches (eg fundamental breach) and for different heads of loss (eg direct loss, indirect and consequential loss, loss of profits, loss of use and loss of data). It notes common...
Facilitating the performance of a duty by public officials Facilitation payments, sometimes termed ‘grease’ or ‘facilitating’ payments, are typically modest sums made to public officials or third parties in order to secure the carrying out of their functions, either more swiftly or even to ensure it occurs at all. This may extend to the giving of ‘gifts’, such as cigarettes or alcohol. In certain jurisdictions, these payments are routine and lawful (eg permitted in some situations under the US Foreign Corrupt Practices Act 1977 ( FCPA 1977); see Practice Note: The US Foreign Corrupt Practices Act 1977 ( FCPA 1977) and Bribery Act 2010 ( BA 2010) comparison table). Are facilitation payments illegal under BA 2010? Such payments amount to the offering, promising or providing of a financial advantage and therefore constitute bribery, as the Bribery Act 2010 ( BA 2010) provides no...
This Practice Note is aimed at UK private sector commercial organisations. It outlines the measures you should adopt to fulfil your duty under the UK General Data Protection Regulation ( UK GDPR) to safeguard third party rights and freedoms when answering a data subject access request (a DSAR), with particular focus on trade secrets, intellectual property and copyright. It excludes processing for policing purposes or the intelligence services. A separate Practice Note addresses situations where handling a DSAR might require revealing information that identifies another person—see Practice Note: Responding to a data subject access request—information identifying other individuals. This Practice Note cites European Data Protection Board ( EDPB) guidance. While EDPB materials are no longer directly applicable to, or binding under, the UK GDPR, the ICO has stated they can still offer useful direction on certain matters. The right of access The right of access is among the...
This Practice Note is aimed at general commercial organisations in the UK. It offers guidance on handling data subject access requests ( DSARs) that could require sharing material that identifies other individuals. It reflects the UK General Data Protection Regulation ( UK GDPR) and ICO guidance on the right of access. This Practice Note does not address processing for law enforcement purposes or the intelligence services. There is a separate Practice Note covering other third party rights, including trade secrets and intellectual property—see Practice Note: Responding to a data subject access request—protecting third party rights. The right of access The right of access is one of the data subject rights set out in the UK GDPR. DSARs are relatively frequent and are regarded as the gateway right, enabling individuals to use other rights such as rectification or erasure. They can be...
You may owe a regulatory or professional obligation to preserve the confidentiality of your customers’ affairs, and the situations in which you are permitted to reveal details about a customer can be highly restricted. The Proceeds of Crime Act 2002 ( POCA 2002) creates a duty to report knowledge or suspicions of money laundering by submitting a suspicious activity report ( SAR). Significant criminal penalties apply if you fail to comply. The Terrorism Act 2000 ( TA 2000) also imposes a disclosure requirement where you know or suspect that another person has committed, or is about to commit, a principal terrorist property offence. Counter-proliferation financing is the newest component within the long-standing anti-money laundering ( AML) and counter-terrorist financing ( CTF) framework. Obligations concerning counter-proliferation financing were brought into the Money Laundering, Terrorist Financing and Transfer of Funds (...
This Practice Note outlines the reporting duties arising under key UK sanctions frameworks and other reporting requirements linked to sanctions compliance. These cover obligations in regulations made under the Sanctions and Anti- Money Laundering Act 2018 ( SAMLA 2018), conditions attached to licences, other sanctions regimes, professional reporting duties and additional reporting requirements... Financial sanctions mandatory reporting obligations in regulations made under SAMLA 2018 Financial sanctions reporting duties are contained in the specific sanctions regulations issued under SAMLA 2018. These generally apply to ‘relevant firms’ as defined in the relevant statutory instrument. Obligations can extend beyond those entities, so you should review the applicable legislation for precise requirements, for example: ‘relevant institutions’ face extra reporting duties in relation to frozen accounts there are particular reporting duties for designated persons—see section: Other reporting requirements For information on the sanctions regimes established under SAMLA 2018, see...
The Proceeds of Crime Act 2002 ( POCA 2002) took effect on 24 February 2003 and applies to money laundering conduct from that date onwards. The point in time when the underlying crime occurred does not matter for these purposes. Offences POCA 2002 creates several money laundering offences, including: three core offences of: concealing, arranging, and acquiring failure to disclose tipping-off and prejudicing an investigation The principal offences apply to all individuals. Certain failure to disclose and tipping-off provisions only cover those working within the regulated sector. For more on what constitutes regulated sector activity, see Practice Note: Money laundering—key information for businesses. The principal offences POCA 2002 replaced the parallel drug and non-drug laundering offences previously found in the Criminal Justice Act 1988 and the Drug Trafficking Act 1994, representing a significant shift. The three principal offences—concealing, arranging and acquiring—no longer draw a line between proceeds of drug...
A dawn raid may target any enterprise, regardless of scale, so every company should remain alert to the risk of such action. As commercial behaviour faces growing criminalisation, with more regulatory offences and an expanding web of money laundering rules, the likelihood of enforcement officers executing a raid has become a routine prospect for many organisations. The chance of UK authorities stepping in rose with the Bribery Act 2010. It climbed again with the creation of the corporate offence of failing to prevent bribery, the corporate offence of failing to prevent tax evasion under the Criminal Finances Act 2017, the widening of corporate criminal liability, and the introduction of an offence of failing to prevent fraud via the Economic Crime and Corporate Transparency Act 2023. As business technology keeps advancing, firms must ensure their data handling and internal policies stay current so...
This Practice Note is aimed at general commercial organisations operating in the UK. It sets out the rules that apply to retaining personal data and offers practical steps for complying with those obligations, in a clear and workable manner. It reflects the UK General Data Protection Regulation ( UK GDPR), Assimilated Regulation ( EU) 2016/679. Retention duties stem from the UK GDPR’s storage limitation principle, which requires discipline over how long information is held. You must not retain personal data beyond what you genuinely require. Once it is no longer needed, personal data should be deleted or anonymised. Sound storage limitation practices also ease the workload of handling retention queries and individual erasure requests. They further reduce the chance of personal data being misused or applied mistakenly in ways that could harm individuals’ rights and freedoms under the UK GDPR....
This Practice Note summarises counter-terrorist financing ( CTF) measures, covering the offences and duties found in the Terrorism Act 2000 ( TA 2000) and associated laws. It explains what constitutes terrorist financing, how it intersects with the anti-money laundering ( AML) framework, and why it matters for businesses. What is terrorist financing? Terrorist groups require money to organise and execute attacks. The TA 2000 makes both involvement in terrorist activity and the financing of terrorism criminal offences. Broadly, terrorist financing covers supplying or gathering funds from lawful or unlawful sources, intending, or knowing, that they are to be used to commit an act of terrorism, regardless of whether the money is ultimately applied to that end. Counter-terrorist financing and anti-money laundering CTF and AML are distinct concepts, though their objectives overlap. Within UK law, the CTF and AML regimes operate alongside each other. Numerous...
Why you need to manage this risk Confidential information ranks among a company’s most prized assets. Keeping matters confidential is often the most effective way to shield trade secrets and valuable know-how when intellectual property rights do not provide sufficient protection, or when relying on those rights is commercially unattractive. A breach of confidence can deprive a business of key assets and cause serious disruption. Commercial records such as price lists, customer lists, details of customers, suppliers, business partners, and relationships with regulators or other third parties Unpublished copyright works Mathematical formulae and manufacturing techniques, processes, designs, drawings and engineering Secure codes and algorithms Personal employee information such as compensation arrangements, benefits, hours of work Confidential information about employees (e.g. performance review information and sickness records) Hardware configuration information Plans, sketches and diagrams ...
Becoming a registered foreign The Solicitors Regulation Authority ( SRA) runs a registration scheme for overseas lawyers. Once on that register, a registered foreign lawyer ( RFL) may serve as a manager or owner of a practice alongside solicitor managers/owners. The SRA Authorisation of Individuals Regulations set out the SRA’s criteria for RFL status, and the SRA has also issued guidance explaining RFLs’ obligations. This Practice Note outlines the registration framework for foreign lawyers working in SRA‑regulated firms as RFLs, why registration might be required, and how to secure entry. It further highlights the continuing duties for RFLs and the consequences for firms that engage them. Up to 31 December 2024, certain Swiss lawyers were eligible to apply as registered European lawyers ( RELs). From 1 January 2025, new REL applications are no longer possible; however, Swiss lawyers who are not already RELs may seek...
This Practice Note addresses agents and other intermediaries in the sphere of anti-bribery and corruption. It outlines what an agent or intermediary is, how engaging agents and intermediaries could expose a commercial organisation to risk, and the steps you might take to lessen those related risks. What is an agent or intermediary? Agents and intermediaries are third parties appointed to provide services for, or on behalf of, your organisation, or to represent your interests. This may include: business consultants sales agents third parties retained in relation to government business or actions introducers facilitators lawyers and other professional advisers other third parties who provide services for or on behalf of an organisation in any capacity Whether a given third-party arrangement is an agent or intermediary relationship is a factual question in each instance. When deciding which...
Legitimate interests assessment under the UK GDPR Under the UK General Data Protection Regulation ( UK GDPR), you may process personal data where doing so is necessary to pursue the controller’s or a third party’s legitimate interests, unless those interests are outweighed by the data subject’s interests or their fundamental rights and freedoms that demand protection of personal data, particularly where the data subject is a child... A balancing exercise is therefore essential: your legitimate interests must be weighed against the data subject’s interests, rights and freedoms—see Precedents: Legitimate interests assessment—data processing—short form and Legitimate interests assessment—data processing... The result of that balancing test will, in large part, decide whether legitimate interests can be relied upon as a lawful ground for processing personal data... This Practice Note sets out guidance on conducting a legitimate interests assessment under the UK GDPR. It is drawn from the UK GDPR,...
ARCHIVED : This Practice Note has been archived and is not maintained. Lawyers and the businesses they counsel must grasp their exposure to sanctions in order to craft and roll out a robust compliance plan. However, the contours of sanctions compliance shifted after the UK’s choice to exit the EU. Up to 11 pm on 31 December 2020 (the end of the implementation period), the bulk of the UK’s sanctions regimes derived from the EU, via EU regulations that applied directly in Member States; criminal offences and licensing arrangements were then put in place by UK regulations under the European Communities Act 1972. Domestically, UK sanctions were confined to (very unusually) freezing orders under the Anti- Terrorism, Crime and Security Act 2001 ( ACSA 2001), transactional measures directed under the Counter Terrorism Act 2008 ( CTA 2008), and...
This Practice Note distils case studies and Q& As issued by the Law Society within its Criminal Finances Act 2017 guidance about the offence of failing to prevent the facilitation of tax evasion. It is designed for law firms. The Law Society’s Criminal Finances Act 2017 guidance was approved by the chancellor on 21 November 2018; however, that approval does not extend to the accompanying questions and scenarios, which are summarised in this Practice Note... The failure-to-prevent facilitation of tax evasion offences Under the Criminal Finances Act 2017 ( CFA 2017), there are two possible offences, determined by whether the evaded tax is payable in the UK or in another jurisdiction. Each offence involves three key stages, all of which must be present for criminal liability to arise. For further detail, see Practice Note: Failure to prevent facilitation of tax...
This Practice Note outlines the obligations of the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, regarding the screening of relevant employees and the approval of beneficial owners, officers and managers ( BOOMs), together with best practice for vetting staff for anti-money laundering ( AML) compliance roles, even where the MLR 2017 do not apply. This Practice Note mirrors the requirements of the MLR 2017, as amended, and supplies guidance that is of broad, general application. You should verify whether the MLR 2017 contain additional or varied obligations for your sector and whether your regulatory body has any further, additional, sector specific requirements in relation to screening employees within your organisation. Screening requirements in the MLR 2017 If the MLR 2017 apply to your organisation, you must conduct screening of relevant...
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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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