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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:
Most recent Practice notes
What’s new and what’s changed in 2022— Risk & Compliance [ Archived] ARCHIVED: This Practice Note is archived and not maintained. For further details, see subtopic: New and updated content in Risk and Compliance. This note offers month-by-month updates on revised and newly published content in Risk & Compliance, reflecting regulatory change or ongoing content development. December 2022 New— Practice Note: Compatibility assessment—change of purpose—data protection (content development). Updated— Practice Note: Data protection and internal investigations—adds Data Protection ( Adequacy) ( Republic of Korea) Regulations 2022, SI 2022/1213 and ICO guidance on data transfers. Updated— Practice Note: Data protection risk management guide—adds references to the International Data Transfer Agreement ( IDTA) and transfer risk assessments. Updated— Practice Note: Rights of data subjects—international transfers section updated. Updated— Practice Notes: How to manage international personal data transfers; UK GDPR—the basics—add Data...
What’s new and what’s changed in 2021— Risk & Compliance [ Archived] ARCHIVED: This Practice Note has been archived and is no longer maintained. For more information, see the subtopic: New and updated content in Risk & Compliance. This Note reported, month by month, on revisions to existing material and new publications in Risk & Compliance, introduced or amended to reflect regulatory developments or as part of our ongoing content programme. December 2021 New Practice Note: Risk & Compliance forecast as at 14 December 2021 — content development. New Precedent: DPIA or PIA approval form — content development. New Practice Note: Coronavirus ( COVID-19)—managing the workplace 30 November 2021 to 23 February 2022 [ Archived] — developed to align with the latest government guidance. Updated Practice Note: Money Laundering Regulations 2017—governance and reporting lines — updated for SRA guidance on AML...
What’s new and what’s changed in 2018— Risk & Compliance [ Archived] ARCHIVED: This Practice Note is archived and not maintained. For further details, see subtopic: New and updated content in Risk and Compliance. It provides month-by-month notice of revisions and fresh additions within Risk & Compliance, introduced to mirror regulatory change or through ongoing content development. December 2018 New subtopic: Whistleblowing— Practice Note: Protection for whistleblowers; Precedents: policy and procedure (short form), report form, report register, annual review, and training materials— Reason: content development. New precedent: Register of super SAR requests and responses— Reason: content development. New Practice Note: How to deal with the FCA— Reason: content development. New precedent: Data protection impact assessment ( DPIA)—short form— Reason: content development. New precedent: Automated processing enquiry form— Reason: content development. New Practice Note: Direct marketing risk...
What's the issue? The Health and Safety Executive ( HSE) describes lone workers as individuals who carry out their duties on their own, without close or direct supervision. Examples include: people working from home people whose roles take them away from a fixed base professionals visiting domestic and commercial premises people working apart from others on the same premises, such as cleaners, security, maintenance and reception staff, or those working outside normal business hours Evolving working practices and the growing use of technology are increasing how many people fall into the lone worker category. Employers are accountable for lone worker safety during working hours, whether staff are in the office, in a vehicle, working from home or undertaking a home visit. This duty relates not only to physical wellbeing but also to mental...
This Practice Note is aimed at commercial organisations in the UK. It explains the requirement to appoint a European representative under the EU GDPR. That requirement applies to most UK organisations that: do not have any EEA offices, branches or other establishments, and offer goods or services to, or monitor the behaviour of, individuals in the EEA It reflects the requirements of the EU GDPR, ICO guidance on European representatives and EDPB guidelines on the territorial scope of the GDPR. It also briefly addresses the parallel duty under the UK GDPR for EU organisations that do business in the UK to appoint a representative in the UK. When are you required to appoint a representative? You must appoint a European representative if you: are based in the UK have no offices, branches or other establishments in the EEA, and offer goods or...
This Practice Note sets out guidance on an individual’s rights as a data subject in the employment setting. It explores the matters an employer organisation should consider when drafting a privacy notice to fulfil the right to be informed, which applies to employees, as well as other workers and contractors. It refers to employers and to employees, although comparable principles apply where people are workers or independent contractors. It reflects the UK GDPR framework, and legislative references are to Assimilated Regulation ( EU) 2016/679, the UK General Data Protection Regulation ( UK GDPR) and the Data Protection Act 2018 ( DPA 2018), unless stated otherwise. For an overview of the key themes of Assimilated Regulation ( EU) 2016/679, UK GDPR and DPA 2018, and guidance on issues relevant to employment lawyers, see Practice Notes: The UK GDPR and DPA 2018: key data...
This Practice Note explains the concept of money laundering and the legal framework that regulates it. The Proceeds of Crime Act 2002 ( POCA 2002), the Terrorism Act 2000 ( TA 2000) and the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended, significantly influence UK businesses. Non-compliance can bring serious criminal, administrative and, for some, professional sanctions. Definitions of money laundering Money laundering refers to the means by which criminal proceeds, along with their actual source and ownership, are altered so they appear lawful. Nevertheless, the statutory concepts of money laundering are much broader. Under POCA 2002, money laundering is defined to include: hiding, obscuring, converting, transferring or taking criminal property out of the jurisdiction entering into, or being involved in, an arrangement that enables the...
Increasingly, organisations are required to conduct investigations to meet their legal obligations. Typical triggers for an inquiry include: An individual raising concerns internally, for example via a whistleblowing hotline. A demand from a regulator or criminal agency. Pre‑merger or acquisition due diligence. A civil litigation claim. An internal or external auditor’s report. Media reports. An external allegation, eg from a customer or counter-party. For multinational groups, a persistent difficulty is the friction between data protection rules and duties created by laws tackling financial crime. Under the Bribery Act 2010, the burden of proof is reversed: the business must prove it had adequate procedures to stop those performing services for it from committing bribery, rather than prosecutors proving it did not. The tax evasion facilitation regime operates similarly. See Practice Notes: Failure to prevent bribery—the offence and Failure to...
STOP PRESS: We are revising this document to align with the coming into force of the Data ( Use and Access) Act 2025 ( DUAA 2025), which modifies the UK GDPR and the Data Protection Act 2018. For further detail on DUAA 2025’s compliance impact, consult Practice Note: Data ( Use and Access) Act 2025—compliance implications. This Practice Note is aimed at in-house counsel and privacy/compliance specialists working within private sector commercial organisations. It explains how to carry out a transfer impact assessment when exporting personal data from the UK or EU relying on the EU standard contractual clauses ( SCCs), the International Data Transfer Agreement ( IDTA), or binding corporate rules ( BCRs). Where one of these transfer tools is used, you are required to evaluate data protection risks in the destination country by undertaking an appropriate transfer assessment. The UK data...
STOP PRESS: This document is currently being revised to account for the coming into force of the Data ( Use and Access) Act 2025 ( DUAA 2025), which updates the UK GDPR and the Data Protection Act 2018. For further detail on DUAA 2025’s compliance impact, consult Practice Note: Data ( Use and Access) Act 2025—compliance implications. This Practice Note is aimed at in-house counsel and privacy and compliance specialists within private sector commercial organisations in the UK. It explains how to carry out a transfer risk assessment when exporting personal data from the UK using standard contractual clauses ( SCCs), the International Data Transfer Agreement ( IDTA) or binding corporate rules ( BCR). When you rely on any of these transfer tools, you must evaluate data protection risks in the destination jurisdiction by completing an impact or risk assessment. The...
Why you need to manage this risk Data protection ranks among the toughest strands of risk management—the framework is intricate and far‑reaching, operates across UK and EU spheres, changes continually and attracts legal disputes. It spans UK, EU and international regimes, shifts regularly and meets litigation. Breaching obligations under the UK General Data Protection Regulation ( UK GDPR) can leave an organisation facing significant reputational harm, claims from dissatisfied data subjects and penalties of up to £17.5m or 4% of total worldwide annual turnover. Comparable sanctions exist under the EU GDPR. Top five priorities The table below sets out five core priorities for managing data protection risk and flags why each matters. It gives the heads‑up on why each is prioritised. The main body of this Risk management guide then explores each priority in depth and includes mini action lists...
Conflict in Ukraine news & analysis tracker—2022 [ Archived] ARCHIVED: This Practice Note is archived and no longer updated. It compiles news and commentary released across Lexis+® UK from 24 February 2022 relating to the conflict in Ukraine. For information on financial sanctions, see the Financial sanctions toolkit, which brings together Lexis+® UK resources offering insight and practical guidance on UK and international financial sanctions regimes. 22 December 2022 — Ukraine conflict— OFSI issues General Licences INT/2022/2469656, INT/2022/2470256, INT/2022/2470056 and INT/2022/2470156— LNB News 22/12/2022 41. HM Treasury’s Office of Financial Sanctions Implementation ( OFSI) has issued General Licences under Regulation 64 of the Russia ( Sanctions) ( EU Exit) Regulations 2019, SI 2019/855. The Licences give effect to the Oil Price Cap, curbing Russia’s access to excess oil revenues by limiting sales at global market prices, while allowing Russian oil to reach third...
Conflict in Ukraine news & analysis tracker—2023 [ Archived] ARCHIVED: This Practice Note is no longer active and is not being maintained. It compiled Lexis+® UK news and analysis from 2023 concerning the conflict in Ukraine. For current updates on sanctions tied to Russia and the Ukraine conflict in 2024 and thereafter, subscribe to our news alerts and weekly highlights. For developments from 2022, see Practice Note: Conflict in Ukraine news & analysis—tracker. For financial sanctions content, consult the Financial sanctions toolkit, which gathers Lexis+® UK Practical Guidance resources offering insight and practical guidance on UK and international financial sanctions regimes. 20 December 2023 — OFSI updates General Licence— Oil Price Cap INT/2022/2469656— LNB News 20/12/2023 57. The Office of Financial Sanctions Implementation has revised General Licence— Oil Price Cap INT/2022/2469656, first issued on 4 December 2022 and previously amended on 20 December 2023. The...
Under the Bribery Act 2010 ( BA 2010) Giving or accepting a bribe constitutes a criminal offence under BA 2010. BA 2010 also sets out two specific offences aimed squarely at tackling commercial bribery: the bribing of a foreign public official a distinct corporate offence of failing to prevent bribery by the organisation A commercial organisation may commit the corporate offence in circumstances where an associated person pays a bribe intending to secure or keep business, or a business advantage, for the organisation—see Practice Notes: The Bribery Act 2010—an introductory guide and Failure to prevent bribery—the offence. An organisation can likewise incur criminal liability for a bribery offence committed by a senior manager of the organisation, provided that senior manager was acting within the scope of their authority—see Practice Notes: How to manage corporate criminal liability risks and How to identify and assess corporate criminal...
STOP PRESS: The Data ( Use and Access) Act 2025 ( Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82, activate the remaining provisions of the Data ( Use and Access) Act 2025 ( DUAA 2025). Measures on subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement take effect from 5 February 2026, with penalty notices and complaints provisions commencing on 19 June 2026. For further details, see Practice Note: Data ( Use and Access) Act 2025—employment implications. That Practice Note will be updated shortly to reflect these developments. The growing reliance on social media brings both opportunities and hazards for employers and staff. The capacity to connect, build networks and broadcast swiftly to broad yet targeted audiences can greatly aid an organisation when used constructively. Yet the same characteristics can create serious...
Data protection and privacy law issues are likely Like many organisations, you may devote considerable time and energy to your marketing efforts, but you must likewise set aside adequate resources to stay compliant with the rules. In summary, you should weigh the following areas: data protection and privacy requirements, such as the UK General Data Protection Regulation ( UK GDPR) and Privacy and Electronic Communications ( EC Directive) Regulations 2003 ( PECR 2003) consumer protection legislation—see Practice Note: Consumer protection from unfair trading under the Digital Markets, Competition and Consumers Act 2024 codes of practice, such as the Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing ( CAP) Code and the Direct Marketing Association Code ( DMA Code) other advertising and direct marketing law, where relevant—see Practice Note: Advertising law and...
This Practice Note contains a spreadsheet, collating detailed data breach examples provided by UK and European regulators, ie: ICO, Personal data breaches: a guide EDPB, Guidelines 01/2021 on Examples regarding Personal Data Breach Notification The spreadsheet can be consulted to help you judge whether specific kinds of data breach should be reported to the Information Commissioner’s Office ( ICO) and/or to affected data subjects; nonetheless, you must always undertake your own assessment of any breach that occurs within your organisation. The reporting threshold for the ICO is lower than the threshold for notifying data subjects—this is outlined below and also indicated via notes within the relevant spreadsheet columns. The examples are set out as detailed scenarios, which are......
Special category personal data Special category personal data is highly sensitive or private and therefore demands heightened protection. It is closely associated with: freedom of thought, conscience and religion freedom of expression freedom of assembly and association the right to bodily integrity the right to respect for private and family life freedom from discrimination There is a presumption that such data must be handled with greater care, as collecting and using it is more likely to intrude upon these fundamental rights or expose someone to discrimination. This Practice Note assumes familiarity with the concept of personal data. It outlines what qualifies as special category personal data and offers practical guidance on when and how you may process it. This Practice Note does not cover criminal offence data, which is governed by separate rules. This is most likely to be relevant to private sector commercial organisations in the employment...
A data protection impact assessment ( DPIA) is exactly what it sounds like—an evaluation of how a particular project or process may affect data protection for impacted individuals. This Practice Note sets out: what a DPIA is whether DPIAs are mandatory, and if so who should carry out the assessment, and how It also covers how DPIAs relate to privacy impact assessments ( PIAs) and data protection by design and default ( DPb DD). Precedent: Data protection impact assessment— DPIA aligns with the UK GDPR. See also Precedent: Data protection impact assessment— DPIA—short form, based on an Information Commissioner’s Office ( ICO) template. ICO guidance on DPIAs is available in two places: Data protection impact assessments and Data Protection Impact Assessments ( DPIAs). What is a data protection impact assessment? A DPIA is a practical mechanism to help you: spot and reduce data...
This Practice Note examines in detail the failure to prevent fraud offence under the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023). ECCTA 2023 obtained Royal Assent on 26 October 2023 and came into force on 1 September 2025 via the Economic Crime and Corporate Transparency Act 2023 ( Commencement No 4) Regulations 2025, SI 2025/349 (see: LNB News 17/03/2025 1). It sets out the offence’s constituent elements and overall scope, and compares it with the other corporate ‘failure to prevent’ offences concerning bribery and the facilitation of tax evasion. The Note also addresses the defence of having reasonable procedures to prevent fraud, describing what companies must build into their fraud prevention framework in order to rely on that defence in practice. Government statutory guidance has been issued on the offence, offering large organisations clear direction on 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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