What does Fracking mean? Hydraulic fracturing (fracking) is a well stimulation technique to extract shale gas or tight oil by injecting water, sand and chemical additives at high pressure to create fractures in deep rock. In legal practice it engages petroleum licensing, planning permission and environmental permitting. In England, 'associated hydraulic fracturing' is defined in the Petroleum Act 1998 (as amended by the Infrastructure Act 2015) by reference to fluid volumes, which triggers statutory safeguards on depth, protected groundwater areas and methane monitoring. Typical instructions include: securing petroleum licences (England: North Sea Transition Authority), planning consent from the mineral planning authority, environmental permits (groundwater, mining...
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This Practice Note offers a concise outline of the planning framework for hydraulic fracturing, commonly referred to as fracking, in England. Although the approach is broadly comparable in both Scotland and, in particular, Wales, notable distinctions exist following recent constitutional reforms within the UK. Moreover, the devolved governments have introduced an effective policy prohibition on fracking in their territories. This Practice Note does not attempt to examine those divergences herein. Through a Written Ministerial Statement (WMS) in November 2019, the government formally stated that, having considered scientific evidence, it would presume against granting any additional hydraulic fracturing consents. Activity has not been permitted to advance in England in light of scientific analysis released by the Oil and Gas authority (OGA) on 2 November 2019 thereafter. In April 2022, as part of the British energy security strategy 2022, the government confirmed it had asked the British Geological Society to undertake an independent technical review of shale gas, to assess any subsequent scientific developments and updates on seismicity since the WMS. The strategy underscores that the ‘pause’ on fracking continues unless fresh evidence is produced. Notice confirming the official end of the moratorium was issued on 22 September 2022. The...
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 ]...