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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 How-to guide offers high-level, practical direction on direct marketing, with a particular emphasis on complying with the UK General Data Protection Regulation ( UK GDPR) and the Privacy and Electronic Communications ( EC Directive) Regulations 2003 ( PECR 2003). Further detail is set out in Practice Note: Direct marketing compliance. The guide outlines principal obligations for telephone marketing, postal marketing, email marketing and other electronic mail direct marketing. It also highlights the requirement to screen against the Mailing Preference Service or the Telephone Preference Service ( TPS). The guide incorporates direct marketing advice issued by the Information Commissioner’s Office ( ICO) on service messages, refer-a-friend initiatives, regulatory communications, market research including selling under the guise of research (sugging), tracking pixels, marketing lists, suppression lists and preference centres. It reflects the ICO’s: Direct marketing guidance, and Guidance on direct...
This Practice Note This Practice Note offers practical advice on direct marketing, with an emphasis on meeting the requirements of the United Kingdom General Data Protection Regulation ( UK GDPR) and the Privacy and Electronic Communications ( EC Directive) Regulations 2003 ( PECR 2003). It addresses telephone and postal marketing, email activity, and other forms of electronic mail marketing. It also clarifies when checks against the Mailing Preference Service ( MPS) or the Telephone Preference Service ( TPS) are necessary. Drawing on ICO direction, it considers service messages, refer-a-friend promotions, regulatory communications, market research (including ‘sugging’—selling under the guise of research), tracking pixels, marketing databases, suppression lists and preference centres. The core difficulty with direct marketing is working out how the UK GDPR and PECR 2003 interlock; what you may do depends on your chosen tactics and the audience you are...
STOP PRESS: This document is being updated to reflect implementation of the Data ( Use and Access) Act 2025 ( DUAA 2025) which amends the UK GDPR and Data Protection Act 2018. For detailed advice on DUAA 2025’s compliance impact, consult Practice Note: Data ( Use and Access) Act 2025—compliance implications. The Practice Note outlines the real-world considerations for commercial organisations planning to disclose or obtain personal data. It reflects the obligations set by the UK General Data Protection Regulation ( UK GDPR), Assimilated Regulation ( EU) 2016/679, the Data Protection Act 2018 ( DPA 2018), and the Information Commissioner’s Office ( ICO) Data sharing code of practice. The ICO is legally required to issue a data sharing code and to have regard to it when applying its regulatory functions. Where relevant, courts must likewise take the Data sharing code of practice into...
This Practice Note is aimed at commercial organisations across the UK. It sets out practical direction on responding to data protection complaints and points to supporting tools designed to mirror the ICO’s suggested complaints-handling approach. At present, organisations are not legally required to manage data protection complaints; the UK GDPR grants the right to complain to the Information Commissioner’s Office ( ICO). From 19 June 2026, however, the Data ( Use and Access) Act 2025 ( DUAA 2025) will introduce mandatory complaint-handling duties for commercial organisations—see section: Impact of Data ( Use and Access) Act 2025. Until then, guidance and tools issued by the ICO indicate the ICO will generally not take forward a data protection complaint unless it has first been raised with the organisation concerned... The right to complain Data subjects may lodge a complaint with the ICO where they believe their...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note examines how Brexit has influenced UK cybersecurity, with particular emphasis on the network and information systems legislation. It addresses: a snapshot of UK cybersecurity regulation before the end of the implementation period the origins of Directive ( EU) 2016/1148, the Network and Information Systems Directive ( NIS Directive), and how it was implemented in the UK the broad consequences of Brexit for the UK’s application of the NIS Directive what the end of the transition period means for relevant digital service providers ( RDSPs) a summary of effects on qualified trust services under Regulation ( EU) 910/2014 (the e IDAS Regulation) the impact of the transition’s end on UK– EU cooperation on cybersecurity The prominence of cybersecurity has been underlined by recent high-profile incidents affecting companies and public services. These have involved a wide array of attack...
The UK ranks among the most internet-driven economies globally, with its online market worth billions of pounds annually. That scale also heightens exposure to risk. Cybercrime poses a tangible danger to people, companies, and both national and international security. Various organisations and programmes work to reduce that risk. This Practice Note sets out a table highlighting the most prominent of them. National Each year, hundreds of millions of pounds in public funding is directed at bolstering the UK’s cyber capability and countering cyber threats. The table below indicates how portions of that funding are applied: Who/what? Connect Inform Share Protect ( CISP) How? CISP, part of the National Cyber Security Centre ( NCSC), is a platform for UK cyber security professionals......
Financial sanctions target behaviour Financial sanctions aim to influence conduct and have customarily focused on: terrorism nuclear weapons development human rights abuses (see Practice Note: Sanctions regime—global human rights) However, financial sanctions are increasingly moving into mainstream criminal law, with measures imposed in relation to global anti-corruption and cyber-attacks—see, eg Practice Note: Sanctions regime—global anti-corruption. Cyber-attacks transcend borders and have grown in intensity, complexity and seriousness. Hostile cyber actors are active and capable of mounting successful operations against states, compromising critical national infrastructure, democratic processes, commercial entities and the media. Their risk appetite is rising and motives may include economic, strategic, regional and/or financial gain. The scale and consequences of such operations have escalated, with co-ordinated campaigns, rather than isolated incidents, granting far-reaching access to thousands of victims worldwide and inflicting substantial financial and material harm. The cyber sanctions regime seeks to dissuade those...
The Criminal Finances Act 2017 ( CFA 2017) introduced a corporate offence of failing to prevent facilitation of tax evasion, in force from 30 September 2017. There are two versions, depending on whether the evaded tax is owed in the UK or abroad. Each offence has three essential stages; all must be met for criminal liability to arise. Only one defence applies where, when the facilitation occurred, either: your organisation had prevention procedures in place that it was reasonable, in all the circumstances, to expect; or it was not, in all the circumstances, reasonable for your organisation to have any prevention procedures in place For more on the offence and defence, see Practice Note: Failure to prevent facilitation of tax evasion—compliance issues. The foreign offence carries extra conditions, including ‘dual criminality’. See Practice Note: Failure to prevent facilitation of tax...
Why you need to manage this risk The Criminal Finances Act 2017 ( CFA 2017) gained Royal Assent on 27 April 2017. It created corporate offences for failing to prevent the facilitation of tax evasion. There is only one defence—at the point the tax evasion facilitation offence was committed: your organisation had prevention procedures in place that were reasonable to expect in the circumstances, or it was not reasonable, in the circumstances, for you to have any prevention procedures in place If you are familiar with the Bribery Act 2010’s failure to prevent offence, this will feel recognisable. You should ensure your organisation has prevention procedures that cover employees, agents and intermediaries, unless a risk assessment has determined such procedures are unnecessary. HMRC has issued guidance on the corporate offence, setting out six principles to shape your prevention...
Corporate ‘failure to prevent’ offences Corporate ‘failure to prevent’ offences have proved an effective way of prompting organisations to establish and uphold internal systems and procedures aimed at stopping particular financial offences. Since the arrival in 2011 of the failure to prevent bribery offence under section 7 of the Bribery Act 2010 ( BA 2010), two corporate criminal offences of failing to prevent the facilitation of UK and foreign tax evasion under sections 45 and 46 of the Criminal Finances Act 2017 ( CFA 2017) were introduced in 2017, and the failure to prevent fraud offence under the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) commenced on 1 September 2025. The growth in both scope and number of these failure to prevent offences reflects the acknowledged aim of successive governments to widen corporate criminal liability to encompass a broader range of...
This Practice Note gives a concise summary of the nature and significance of competition law and sets out actions you can take to identify and reduce competition law risks specific to your organisation. It is designed to help you keep your business compliant with competition law and to recognise when others are engaging in unlawful anti-competitive conduct. Finally, it explains the steps you can take if you believe competition law has been breached. Why complying with competition law matters Competition benefits both companies and consumers. It exposes where firms should improve and prompts organisations to pursue greater efficiency, become more innovative and productive, and ultimately operate as stronger businesses. Competition law exists to protect businesses and consumers from anti-competitive behaviour and to safeguard effective competition. Every business must comply with competition law and there can be serious consequences for businesses and...
The Bribery Act 2010 ( BA 2010) Enacted to secure the UK’s adherence to the Organisation for Economic Co-operation and Development’s ( OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, the Bribery Act 2010 ( BA 2010) delivers an effective framework to address corruption across public and private spheres, updating the UK’s anti-corruption regime and supplanting Prevention of Corruption Act 1906 and Prevention of Corruption Act 1916. BA 2010 carries significant consequences for any company incorporated in, or trading from, the UK. Its global reach covers bribery undertaken by a business, or by third parties acting for it, regardless of where in the world the conduct occurs......
The Republic of Belarus ( Sanctions) ( EU Exit) Regulations 2019 ( SI 2019/600), under the Sanctions and Anti- Money Laundering Act 2018 ( SAMLA 2018), set up the UK sanctions regime for Belarus. This regime seeks to prompt Belarus to: uphold democratic standards and institutions, maintain the separation of powers, and observe the rule of law in Belarus avoid measures or conduct that suppress civil society in Belarus properly investigate and prosecute those responsible for the disappearances of Yury Zakharanka, Viktar Hanchar, Anatol Krasouski and Dzmitry Zavadski comply with international human rights law and respect human rights end activities that destabilise Ukraine or undermine its territorial integrity, sovereignty or independence, including support for or facilitation of Russia’s actions regarding Ukraine refrain from any other conduct that threatens peace, security or stability in...
This risk management manual is aimed at UK commercial organisations. It sets out five key priorities around standard terms and conditions of sale and clarifies the significance of each. It also supplies action lists and specific action points for every priority so you can log your organisation’s risk management position. Why you need to manage the risk Sales-driven businesses are, at heart, focused on closing deals, booking income, and progressing swiftly to the next opportunity. Targets shape sales teams, who may avoid processes or stakeholders perceived to slow a transaction and, by extension, jeopardise their commission. As in-house counsel, you should map the organisation’s sales cycle, appreciate the (often cyclical) target pressures on the team, and position yourself as a facilitator rather than a choke point in the pipeline. Central to that aim is producing robust standard terms and conditions of sale that strike the right...
Organisations caught by the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692 must: apply enhanced customer due diligence ( CDD) measures and strengthened ongoing monitoring for any transaction or business relationship with a person established in a high-risk third country not place reliance on a third party established in a high-risk third country The obligation to undertake enhanced due diligence in relation to high-risk third countries applies where there is a relevant transaction and an establishment in a high-risk third country. A relevant transaction is one for which you are required to apply CDD under MLR 2017, reg 27, and being established in a country means: for a legal person, being incorporated in, or having its principal place of business in, that country, or—where a financial...
STOP PRESS: This document is being updated to reflect implementation of the Data ( Use and Access) Act 2025 ( DUAA 2025) which amends the UK GDPR and Data Protection Act 2018. For detailed help on DUAA 2025’s compliance impact, consult Practice Note: Data ( Use and Access) Act 2025—compliance implications. The rules within the United Kingdom General Data Protection Regulation ( UK GDPR), the Assimilated Regulation ( EU) 2016/679, and the Data Protection Act 2018 ( DPA 2018) pose particular difficulties for the anti-money laundering ( AML), counter-terrorist financing ( CTF) and counter-proliferation financing framework, such as: pinpointing a lawful basis to handle personal data meeting transparency and information duties safeguarding client information gathered through client due diligence ( CDD) disclosing client details to law enforcement bodies, for example via suspicious activity reports ( SARs), and dealing with data...
Released in July 2025, the UK’s fourth National risk assessment ( NRA) on money laundering and terrorist financing sets out the principal money laundering and terrorist financing risks facing the UK, and highlights how these have evolved since the government’s previous NRA, issued in 2020. This Practice Note summarises the NRA’s context, sets out its key findings, and explains what the report’s publication means for you. Background Under the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended, the Treasury and Home Office are required to put in place arrangements for a risk assessment to be carried out to identify, assess, understand and mitigate the money laundering and terrorist financing risks affecting the UK......
Updated December 2025 Introduction The United Arab Emirates ( UAE) sits at a pivotal juncture between leading Western and Eastern markets. Formed as a constitutional union of seven Emirates, each maintains its own local authority, while overarching governance rests with the Supreme Council and the Council of Ministers. As part of the Gulf Cooperation Council ( GCC), the UAE participates in the Middle East’s sole multi-national common market, aimed at deepening cross-border economic and fiscal cohesion. Investing and trading in the UAE offers a broad spectrum of prospects for investors. This Practice Note highlights principal considerations for overseas organisations entering the UAE and the essential actions to commence operations. It concentrates on establishing in Mainland UAE, the Abu Dhabi Global Market ( ADGM), and the Dubai International Financial Centre ( DIFC). Although these jurisdictions are covered in depth, investors can also assess many...
This Practice Note sets out how the transparency in supply chains ( TISC) provisions in section 54 of the Modern Slavery Act 2015 ( MSA 2015) apply to multinational enterprises and corporate groups. It explores the principal issues these entities may encounter when drafting a slavery and human trafficking statement. It also directs readers to practical guidance and resources to help organisations manage modern slavery and human trafficking risk and prepare an annual slavery and human trafficking statement. Why this matters Commercial entities that satisfy all of the following are obliged to publish an annual slavery and human trafficking statement on their website: provide goods or services conduct business, in whole or in part, in the UK have a worldwide annual turnover of £36m or above The statement must describe the measures taken (if any) during each financial year to ensure slavery and human...
This Practice Note This note sets out the obligations contained in the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended. It also aligns with guidance issued by the Joint Money Laundering Steering Group ( JMLSG) and the Legal Sector Affinity Group ( LSAG) AML guidance for the Legal Sector. Frequently, a customer may engage other advisers or be in professional contact with relevant persons on the same matter. For instance, in a major transaction the customer might also instruct accountants or tax professionals. Likewise, the customer may already be working with a different part of your business group. Repeated requests for identical information from multiple advisers and business partners can be needlessly duplicative and frustrating for the customer. To address this, the MLR 2017 permit reliance on others to perform customer due...
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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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