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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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Who/what is the ASA? The Advertising Standards Authority ( ASA) is the UK’s independent regulator overseeing advertising in every type of media. It applies and enforces the Advertising Codes of Practice. The ASA Council serves as the final decision‑maker, ruling on whether advertisements meet the Codes of Practice, and you would generally only encounter the Council at the closing stage of the complaints process. For more information visit www. ASA.org.uk... Statutory regulatory objectives The UK’s regulatory framework is shaped by two committees that create the Codes implemented by the ASA: the Committee of Advertising Practice ( CAP), and the Broadcast Committee of Advertising Practice ( BCAP) CAP develops the UK Code of Non‑ Broadcast Advertising and Direct & Promotional Marketing ( CAP Code), while BCAP authors the UK Code of Broadcast Advertising ( BCAP Code) (together, the Codes of Practice). For further guidance, see...
Several offences relating to tipping-off and prejudicing an investigation apply within the regulated sector. An additional offence of prejudicing an investigation applies exclusively to the unregulated sector. Both sectors are also exposed to a further offence involving interference with documents. This Practice Note outlines the offences of tipping-off and prejudicing an investigation under the Proceeds of Crime Act 2002 ( POCA 2002). It mirrors the requirements of the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended. For details on what forms the regulated sector, see Practice Note: Money laundering—key information for businesses. Suspicious activity report ( SAR) The principal money laundering offences are: concealing criminal property being party to an arrangement that enables money laundering possessing criminal property POCA 2002 requires knowledge or suspicion of money laundering to be reported by submitting a SAR. You will have a...
This Practice Note considers exclusion and limitation of liability in business-to-consumer ( B2C) contracts and notices It examines the Consumer Rights Act 2015 ( CRA 2015) together with the Competition and Markets Authority’s guidance on unfair terms relating to exclusion and limitation of liability ( CMA Guidance). It also offers drafting guidance for exclusion and limitation of liability provisions, often described as: limitation of liability clauses limitation clauses exclusion of liability clauses disclaimers exclusion clauses exemption clauses Following its late 2025 announcement (see: LNB News 22/10/2025 12), on 22 January 2026 the CMA launched a consultation on updated draft unfair terms guidance. The draft does not materially change the law’s interpretation; rather, it captures post-2015 case law and the DMCCA 2024 enforcement framework. While the statutory tests of fairness and transparency remain, the guidance has been reframed to deliver more...
Practice Note This Practice Note outlines employers’ obligations to undertake a risk assessment under regulation 16 of the Management of Health and Safety at Work Regulations 1999 where they employ women of child-bearing age, and when a worker provides written notice that she is pregnant, has given birth in the preceding six months, or is breastfeeding. It explains when the duty is triggered, the actions required to eliminate or minimise any risks identified and, if that cannot be achieved, the need to offer alternative work or arrange a suspension. It also summarises potential claims that may arise if an employer fails to comply with the risk assessment duty and any necessary follow-up steps, including claims under the Employment Rights Act 1996 and the Equality Act 2010, such as: Direct discrimination Indirect...
This Practice Note is aimed at UK commercial organisations and is sector-agnostic. It outlines the data protection issues linked to workforce diversity monitoring, including: whether consent is required from the individuals involved whether collecting anonymised data can place you outside data protection rules Large employers commonly gather diversity information and track patterns. Some also share these figures on their intranet and, at times, on public websites. In certain industries, regulators require disclosure; for instance, law firms must submit diversity data to the Solicitors Regulation Authority. Why is data protection relevant to diversity monitoring? The UK General Data Protection Regulation applies whenever you process personal data (see Anonymising diversity data, below). Diversity metrics typically amount to special category personal data under the UK GDPR. Examples include: data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union...
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), and coming partly into force that day. Provisions dealing with issues such as handling data subject access requests and granting powers to make supplementary regulations took effect immediately on 19 June 2025. Further measures, relating to notices issued by the Information Commissioner and certain elements of law enforcement processing, started on 19 August 2025 (two months after Royal Assent). Most other elements of DUAA 2025 will only commence once additional regulations, in the form of statutory instruments, are made. Such secondary legislation is required to bring the majority of the Act’s remaining provisions into operation. Parts 5 and 6 of DUAA 2025 introduce amendments to aspects of the UK’s data protection and e Privacy...
The Financial Conduct Authority ( FCA) sets out examples of effective practice for sanctions frameworks and controls in Part 7 of its FCG: A firm’s guide to countering financial crime risks, and in its Financial Crime Thematic Reviews ( FCTR) Part 8 on financial services firms’ approach to UK financial sanctions. This Practice Note draws on those sources. It also reflects guidance issued by the SRA for law firms on complying with the UK Sanctions Regime, together with insights from its anti-money laundering annual reports. Our Financial sanctions compliance—checklist highlights particular Precedents you can use or tailor to evidence sound practice in financial sanctions compliance. Governance and senior management responsibility Good practice A suitably senior individual oversees the firm’s compliance with the sanctions regime. Clear articulation of when customer screening occurs in different scenarios, eg when clients are transferred by agents or other...
This Practice Note This Practice Note is for private-sector commercial organisations in the UK and compiles direct marketing examples provided by the Information Commissioner’s Office ( ICO). These are sourced from the ICO’s: Direct marketing guidance Guidance on direct marketing using live calls Guidance on direct marketing using electronic mail Guidance on business-to-business marketing Guidance on Direct marketing and regulatory communications Guidance on Lawful basis— Consent Examples are grouped by theme—what counts as direct marketing, soft opt-in, refer-a-friend and consent—covering common scenarios. If your plans align with an example, you can quickly judge likely compliance with the UK General Data Protection Regulation ( UK GDPR), Assimilated Regulation ( EU) 2016/679 and the Privacy and Electronic Communications ( EC Directive) Regulations 2003 ( PECR 2003), SI 2003/2426. The UK GDPR is the main data protection law in the UK—see Practice Note: UK...
Simplified customer due diligence ( SDD) You may adopt simplified customer due diligence in respect of particular business relationships or transactions that you judge to present a low risk of money laundering or terrorist financing, having considered the following: your organisation-wide risk assessment—see Practice Note: Money Laundering Regulations 2017—how to identify and assess organisation-wide risks and Precedent: Money laundering, terrorist financing and proliferation financing organisation-wide risk assessment relevant information provided to you by your supervisory authority, and the risk factors set out at section: Assessing the risk This Practice Note outlines your options concerning SDD and what it means for you operationally in practice. It reflects the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended. It supplies guidance intended for general application. You should check whether the MLR 2017...
This Practice Note outlines the regulatory duties for first aid in an office environment, covering the need for stocked first aid boxes, trained first aiders and suitable first aid rooms. For practical advice on running first aid at work, see Practice Notes: How to conduct a first aid needs assessment and How to manage first aid in the workplace. What is first aid? The term ‘first aid’ covers both situations where preventative assistance or care is needed from doctors or nurses, and the management of minor injuries by people without medical qualifications. Legislative requirements There are several legislative duties relating to first aid at work, including: the provision of first aid first aiders first aid room first aid box/kit informing staff members of the public signs and signals giving or administering drugs or medication The Health and Safety Executive ( HSE) is the national independent regulator for workplace health and safety and first aid matters, playing a key part in...
This Practice Note outlines compliance and regulatory obligations linked to health and safety, with a focus on the need for a written health and safety policy. It addresses health and safety requirements in an office-based working environment. Different sectors or workplace-specific contexts may have additional obligations in other settings. For guidance on drafting a health and safety policy, see Practice Note: How to formulate a health and safety policy. What is a health and safety policy? A health and safety policy is a written statement describing the organisation’s principles and aims for protecting the health and safety of employees and visitors. Regulatory requirements Health and Safety at Work etc Act 1974 The Health and Safety at Work etc Act 1974 ( HSWA 1974) is the core statute governing occupational health and safety. In essence, employers must, so far as is reasonably practicable, secure the health, safety and welfare of their...
You have a duty to supply suitable and sufficient equipment, facilities and competent personnel so employees receive immediate attention if they are hurt or become unwell in the workplace. There is no fixed rulebook setting out the precise first aid arrangements you must implement; requirements vary with context. What you establish should be suited to your organisation's circumstances. Smaller organisations may only need the minimum first aid provision, while larger organisations, or those with specific first aid risks, often require additional resources and coverage. Consequently, provision should increase where risks or scale dictate. This Practice Note explains how to manage and secure effective first aid provision across your workplace. For material on the regulatory requirements relating to first aid, see Practice Note: First aid in the workplace—regulatory requirements. First aid needs assessment You should already have completed a first aid needs...
You are not obliged to keep a first aid box or kit, yet it is widely regarded as sound practice and the basic measure every organisation ought to adopt. The British Standard BS 8599 ( BS 8599) sets out guidance on the items that workplace first aid kits should contain. Possessing a kit that conforms to this standard is not compulsory, though you may judge that your circumstances warrant meeting or even surpassing the BS 8599 contents. At minimum, it offers a helpful benchmark for judging the suitability of your kit’s stock. Regardless of whether you follow BS 8599, the contents must be customised to the particular requirements of your organisation, as indicated by the results of your first aid needs assessment—see Precedent: First aid needs assessment and Practice Note: How to conduct a first aid needs assessment. This Practice Note outlines the...
This Practice Note provides an overview of the legal framework and practical context for whistleblowing under the Employment Rights Act 1996 ( ERA 1996). It offers high-level guidance for organisations and supports the drafting of your whistleblowing policy and procedures. It is not a handbook for managing whistleblowing claims, which is an employment law issue. What is whistleblowing? Whistleblowing refers to a worker disclosing information about wrongdoing (ie making a disclosure), usually—though not always—arising in the workplace. For whistleblowing protections to apply, the worker must reasonably believe they are acting in the public interest and that the disclosure points to past, current, or likely future wrongdoing within one or more of these categories: criminal offences (eg fraud) failure to meet a legal obligation miscarriages of justice risks to someone’s health and safety damage to the...
Practice Note This Practice Note includes a table setting out particular instances in which legal professional privilege ( LPP) and privileged circumstances are expected to arise, and when submission of a suspicious activity report ( SAR) to the National Crime Agency ( NCA) is allowed or mandated, as appropriate. For LPP or privileged circumstances to exist, the communication must meet all of the applicable qualifying criteria. For further information, see Practice Note: Privilege, money laundering and terrorist financing. There is no definitive catalogue of communications or documents protected by LPP or privileged circumstances. The table distils prevailing views together with recent court findings. Owing to the difficulty of interpretation, you should record your reasoning and decision-making to counter any allegation that you failed to make a disclosure under section 330 of the Proceeds of Crime Act 2002 ( POCA 2002)......
POCA 2002 and the Terrorism Act 2000 require you to report knowledge or suspicion of money laundering or terrorist financing to the NCA via a Suspicious Activity Report ( SAR), with severe criminal penalties for non-compliance. A SAR can be: an internal report to the organisation’s nominated officer an external report to the NCA This Practice Note explains using the NCA’s SAR Portal, opened to all reporting organisations on 18 September 2023: how to register, submit a SAR, what information is needed, and what to do after submission. The SAR Portal From 18 September 2023, the Portal replaced SARs Online. Organisations must register and file all SARs through the Portal. It is solely for reporting suspected money laundering or terrorist financing, not for general crime reports. If you wish to report a crime, including fraud, you should......
This Practice Note offers an introduction and addresses matters concerning its scope of application. It sets out best practice guidance on helping your clients meet FCPA requirements, including establishing and running an effective anti‑corruption compliance programme within their organisations. The Practice Note also outlines current FCPA enforcement patterns. For organisations operating across borders, it is crucial that they grasp their duties and constraints under the FCPA. As enforcement intensifies and regulators gain unprecedented visibility into the transactions themselves, informing organisations about the FCPA is a highly valuable professional service lawyers can deliver. For further detail on the FCPA, see Practice Notes: Practical steps in a bribery investigation— UK and US perspectives and The US Foreign Corrupt Practices Act 1977 ( FCPA 1977) and Bribery Act 2010 ( BA 2010) comparison table, as well as: Best practices in FCPA...
This Practice Note presents a comparison table outlining the differences and similarities between the US Foreign Corrupt Practice Act 1977 ( FCPA 1977) and the UK Bribery Act 2010 ( BA 2010). For details on the UK BA 2010, see Practice Note: The Bribery Act 2010—an introductory guide. For material on the US FCPA, see Practice Note: US Foreign Corrupt Practices Act ( FCPA). For information on international co-operation and co-ordination between the US and the UK, together with the main considerations when investigating and enforcing potential FCPA breaches, see Practice Note: FCPA internal investigations and enforcement proceedings ( US)... Key aspects US Foreign Corrupt Practice Act 1977 Who does the Act apply to? US companies (incorporated or not), US residents and non-residents acting within the US, US...
Updated in July 2024 Introduction The United States ranks among the world’s most competitive economies. It remains the largest national market, posting an estimated 2020 GDP exceeding US$22.3trn, and performs strongly on the World Bank’s Ease of Doing Business Index. Many overseas businesses choose to build a footprint in the US for persuasive reasons. Chief among these are entry to a powerful economy and cutting-edge technology, coupled with political stability and a mature legal framework supported by established courts, regulators and public authorities. While the US tax system can be intricate, working with a US attorney can make this obligation more manageable. There are multiple options for structuring operations in the US. This guide sets out key matters a new venture ought to weigh before commencing activity in the country. It is not exhaustive, and tailored US legal advice should always be obtained prior to...
The UN Guiding Principles on business and human rights ( UNGPs) oblige companies to uphold ‘internationally recognised human rights’. This Practice Note outlines a non-exhaustive catalogue of rights understood to sit within that concept... The responsibility to respect human rights Under Principle 12 of the UNGPs, the corporate duty to respect human rights is anchored in internationally recognised standards—at minimum, those contained in the International Bill of Human Rights and the principles on fundamental rights reflected in the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work. For any programme aiming to comply with the UNGPs, it is essential to identify the rights articulated in these instruments. They can be grouped into three principal categories: the International Bill of Human Rights the International Labour Organization's Declaration on Fundamental Principles and Rights at Work other applicable human...
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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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