What does Climate Change mean? In legal practice, climate change describes long-term shifts in the Earth’s climate that inform environmental regulation, planning and EIA, governance and disclosure (ESG/TCFD), finance and litigation. Across the UK and Ireland it is generally a descriptive term rather than one exhaustively defined in statute or case law; climate legislation (for example, the Climate Change Act 2008 and analogous Acts in Scotland, Northern Ireland and Ireland) addresses related concepts such as greenhouse gas emissions, mitigation, adaptation and net zero targets, and instruments adopt their own definitions (for example, the UNFCCC’s focus on anthropogenic change). The term refers to identifiable, persistent changes (typically...
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For additional practical hands-on guidance on funding energy, power and resources projects across multiple sectors, including those covered in this Practice Note, refer as well to the textbook: Energy and Resources Financing: A Practical Handbook.
Retained EU law (‘REUL’) denotes the legal category for EU-sourced rights and rules kept by the UK after Brexit.
It is a defined expression in the European Union (Withdrawal) Act 2018 (EU(W)A 2018), and serves as the umbrella label for the corpus of EU-derived law that the UK retained and transposed into domestic law, effective upon repeal of the European Communities Act 1972.
Assimilated law is the term applied to REUL that continues to have effect after the close of 2023 under the Retained EU Law (Revocation and Reform) Act 2023.
Re-labelling REUL (and related concepts) as assimilated law signals an alteration in its status and handling under UK law, meaning it will typically be read in accordance with standard domestic legal rules and principles of interpretation.
From 1 January 2024, REUL is ‘assimilated’ into domestic law on the basis that it is now generally relieved of EU-derived interpretive effects (eg supremacy of EU law, directly effective rights, and...
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 ]...