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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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The Investigatory Powers Act 2016 ( IPA 2016) IPA 2016 sits at the heart of the statutory regime that regulates covert surveillance undertaken by public authorities. Historically, much of this regime—though not all—was housed in the Regulation of Investigatory Powers Act 2000 ( RIPA 2000). The rules addressing powers to interfere with equipment and property are contained in IPA 2016, Pt 5. These operate alongside the powers available to the intelligence agencies ( GCHQ, MI5 and SIS) under sections 5 and 7 of the Intelligence Services Act 1994. Under IPA 2016, s 13, the intelligence services must secure an equipment interference warrant to obtain communications, private information or equipment data where, without such a warrant, the conduct would constitute an offence under the Computer Misuse Act 1990 and there is a British Islands connection. The Home Office has published a Code of Practice on...
Practice Note This Practice Note outlines the ban on unlicensed or damaging depositing, treating or discarding of waste under section 33 of the Environmental Protection Act 1990 ( EPA 1990) for England and Wales alone. For guidance on how the offence operates in Scotland, refer to Practice Notes: Key environmental offences in Scotland, Scottish Environment Protection Agency—powers to investigate environmental crimes, and Sentencing environmental offences in Scotland. EPA 1990, s 33 is among the most frequently prosecuted environmental crimes, spanning incidents from minor fly-tipping to extensive waste disposal undertaken without a permit. It creates strict liability for the ‘deposit’ of controlled waste, yet demands knowledge where a person is ‘knowingly causing or knowingly permitting’ the deposit of controlled waste. The Environmental Permitting ( England and Wales) Regulations 2016 ( EPR 2016), SI 2016/1154 likewise create offences for operating without an...
The Sentencing Council has released offence-specific sentencing guidance for use in magistrates’ courts and the Crown Courts in England and Wales concerning, specifically, unauthorised or harmful depositing, treatment or disposal of waste, and also illegal discharges to air, water and land, directly contrary to section 33 of the Environmental Protection Act 1990 ( EPA 1990) and the Environmental Permitting ( England and Wales) Regulations......
Environmental incidents can erupt suddenly and bring serious consequences. In such circumstances, keeping a clear focus on how to handle the situation can be challenging. Managing an environmental incident does not mean being unco-operative with an investigating authority; in most instances, open and transparent collaboration will almost always be the wisest course. Nevertheless, prudent preparation for a potential incident requires clear policies so that, when one occurs, the right resources are directed to minimising environmental harm, maintaining controlled and effective communication with the regulator, and carrying out appropriate evidence gathering and subsequent analysis. For details of regulators’ powers to investigate environmental crime, see the following Practice Notes: Environment Agency—powers to investigate environmental crime Environment Agency ( EA)—powers of entry Natural Resources Wales—powers to investigate environmental crime Natural England—powers to investigate environmental crime Local...
Who enforces environmental laws in England and Wales and what remits do they have? The principal regulators and enforcement authorities in England and Wales are: the Environment Agency ( EA) Natural Resources Wales ( NRW) Natural England ( NE) local authorities In Scotland, the Scottish Environment Protection Agency ( SEPA) is the counterpart environmental body; for details of SEPA’s powers to monitor and enforce environmental laws, see Practice Note: Scottish Environment Protection Agency—powers to investigate environmental crimes. Environment Agency In England, the EA is the lead enforcement authority. It oversees a broad remit, covering pollution control, waste regulation, water resources management, flood and coastal risk management, fisheries, conservation and navigation. It also manages flood risk from main rivers, reservoirs, estuaries and the sea, and protects wildlife and habitats. Lead local flood authorities ( LLFAs) are responsible for flood risk from surface water, groundwater and ordinary...
Environmental damage regime Directive 2004/35/ EC of the European Parliament and of the Council of 21 April 2004 on environmental liability created a European framework for preventing and remedying environmental harm. In England and Wales, the Environmental Damage Regime ( EDR) is set out in the Environmental Damage ( Prevention and Remediation) ( England) Regulations 2015 ( EDR England), SI 2015/810, and the Environmental Damage ( Prevention and Remediation) ( Wales) Regulations 2009 ( EDR Wales), SI 2009/995. EDR focuses on averting imminent threats of environmental damage and addressing actual damage caused by certain activities, and also applies to any other activity involving protected species, special habitats or a site of special scientific interest ( SSSI) where the operator intended to cause environmental damage or was negligent. ‘ Environmental damage’ is harm to: a protected species or natural habitat that significantly adversely affects achieving or...
Reviewed by Professor Richard Macrory. The Regulatory Enforcement and Sanctions Act 2008 ( RESA 2008) allowed regulators to address offences through six novel civil sanctions rather than prosecution. In 2010, the Environment Agency ( EA) and Natural England ( NE) received powers covering various environmental offences. By 2015, the regime was first widened, granting the EA authority to accept enforcement undertakings for environmental permitting offences. The Environmental Civil Sanctions ( England) Order 2010, SI 2010/1157 applies in England, while the Environmental Civil Sanctions ( Wales) Order 2010, SI 2010/1821 applies in Wales. Schedule 5 in both instruments sets out which sanctions attach to each offence. The EA commenced exercising these powers on 4 January 2011. NE started to use its powers from 3 January 2012. Since 1 April 2013, Natural Resources Wales ( NRW) has overseen the enforcement of...
Enforcement bodies Reviewed by Professor Richard Macrory From 4 January 2011, the Environment Agency ( EA) has exercised powers conferred by the Environmental Civil Sanctions ( England) Order 2010, SI 2010/1157, and the Environmental Sanctions ( Wales) Order 2010, SI 2010/1821. Natural England ( NE) began applying these powers on 3 January 2012. In England, the EA and NE are the authorities charged with enforcing environmental civil sanctions. From 1 April 2013, Natural Resources Wales ( NRW) has taken on the role of enforcing environmental civil sanctions in Wales. Civil sanctions were created by the Regulatory Sanctions and Enforcement Act 2008 ( RESA 2008), which supplies the principal framework. Orders made under RESA 2008 concerning environmental civil sanctions commenced in England on 6 April 2010 and in Wales on 15 July 2010. Their purpose was to render the enforcement of...
This Practice Note outlines the powers available for addressing anti-social behaviour within an environmental setting, with particular focus on those introduced by the Anti-social Behaviour, Crime and Policing Act 2014 ( ABCPA 2014). Community Protection Notices What is a Community Protection Notice and what is its purpose? A Community Protection Notice ( CPN) is intended to prevent a person aged 16 or above, a business, or an organisation from engaging in conduct that gives rise to specific, continuing problems or nuisances which adversely affect the community’s quality of life......
Restriction notices Section 109A of the Environment Act 1995 ( EA 1995) authorises the Environment Agency ( EA) and Natural Resources Wales ( NRW), in England and Wales, to issue a notice that restricts access to premises and the importation of waste into those premises for up to 72 hours, by serving a restriction notice, where there is a risk of serious pollution to the environment or serious harm to human health arising from the treatment, keeping, deposit or disposal of waste, and where issuing the notice is necessary to prevent that risk from continuing. For information on the EA’s other powers to investigate criminal offences, see Practice Note: Environment Agency—powers to investigate environmental crime. For information on NRW’s other powers to investigate criminal offences, see Practice Note: Natural Resources Wales—powers to investigate environmental crime. Restriction notices are available only for use by the EA and NRW....
Section 188 of the Enterprise Act 2002 ( En A 2002) creates a criminal offence where an individual agrees with one or more others that two or more undertakings will participate in prohibited cartel arrangements. This spans price fixing, market sharing, restricting production or supply, and bid rigging. The offence bites on agreements both to create or implement such arrangements, and to cause them to be created or implemented. It is committed irrespective of whether the undertakings put the agreement into effect by the undertakings. There are a number of defences available. See further, The UK criminal cartel offence. Both the Competition and Markets Authority ( CMA) and the UK’s Serious Fraud Office ( SFO) have the power to investigate individuals suspected of involvement in the criminal cartel offence under En A 2002, s 188. Under En A 2002, s 190,...
This Practice Note outlines the Sentencing Council’s guidance on sentencing corporate bribery offences in the Crown Court and magistrates’ court. The court must follow these guidelines when sentencing a corporate offender unless it is satisfied that doing so would be contrary to the interests of justice. The court should set a sentence within the offence range, subject to: a reduction for a guilty plea a discount for assistance provided totality where the court considers none of the categories sufficiently resemble the offender’s case For guidance on sentencing guidelines generally, see Practice Note: Sentencing criminal offences—sentencing guidelines and resources. For information on sentencing more broadly, see Practice Notes: Sentencing procedure in the magistrates’ and Crown Courts and Sentences imposed following conviction. Bribery committed by a corporate offender Corporate bodies can be convicted of offences under sections 1, 2 and 6 of the Bribery Act 2010 ( BA...
Reviewed by Professor Richard Macrory. The Regulatory Enforcement and Sanctions Act 2008 ( RESA 2008) introduced six civil sanctions, offering regulators an alternative to criminal proceedings for addressing offences. In 2010, these powers were conferred on the Environment Agency ( EA) and Natural England ( NE) for specified environmental offences. The Environmental Civil Sanctions ( England) Order 2010 ( SI 2010/1157) applies in England, and the Environmental Civil Sanctions ( Wales) Order 2010 ( SI 2010/1821) applies in Wales. Schedule 5 in each instrument details which sanctions are available for each offence. The EA started using these powers on 4 January 2011; NE followed on 3 January 2012. From 1 April 2013, Natural Resources Wales ( NRW) has been responsible for enforcing environmental civil sanctions in Wales. In 2015, the scope of civil sanctions was expanded when the EA was...
Who enforces the food safety and hygiene regulations? Under the Food Safety and Hygiene ( England) Regulations 2013 ( FSH( E) R 2013), SI 2013/2996, the type of food business determines who enforces the rules. The Food Standards Agency ( FSA) is responsible for enforcement in approved or conditionally approved slaughterhouses, cutting plants and game‑handling establishments. Food authorities, e.g. local authorities, enforce in approved stand‑alone cold stores, re‑wrapping establishments, and premises producing meat products, minced meat, meat preparations and fishery products. Further product types are listed in the legislation, so FSH( E) R 2013, SI 2013/2996 should always be checked to confirm whether the FSA or a local authority is the correct enforcing body. Regarding principal enforcement measures, FSH( E) R 2013, SI 2013/2996 confers extensive powers on officers authorised by the FSA or by food authorities (local authorities) to enforce what are...
The Sanctions and Anti- Money Laundering Act 2018 ( SAMLA 2018) forms the UK’s home-grown sanctions architecture. Refer to Practice Notes: The UK sanctions framework under SAMLA 2018 and UK sanctions regimes currently in force. When advising on breaches and enforcement, advisers should consult the particular sanctions statutory instrument to verify the applicable bans, carve-outs and enforcement powers for that regime. This confirms the scope of prohibitions, any exclusions, and the enforcement mechanisms relevant to that particular regime. Always anchor advice to the instrument in force at the time. Who is responsible for enforcing financial sanctions in the UK? Within the UK, financial sanctions are enforced by the Office of Financial Sanctions Implementation ( OFSI), a division of HM Treasury. OFSI’s function is to oversee and implement financial sanctions nationwide. Broadly, ‘financial sanctions’ covers naming persons and entities, and placing...
Practitioners should be aware that, on 31 July 2025, the Law Commission signalled a review of the product liability framework set by the Consumer Protection Act 1987 ( CPA 1987). The exercise seeks to evaluate whether the existing regime still functions effectively in addressing harm caused by defective products, particularly in the context of technological advances over the last four decades. It will also scrutinise how well it manages risks linked to emerging digital technologies and explore possible reforms so it continues to safeguard consumers whilst fostering innovation and industry. For more details, refer to: LNB News 01/08/2025 53 Powers exercised by the Secretary of State/enforcement authorities under the Consumer Protection Act 1987 Prohibition notices Under CPA 1987, s 13(1)(a), the Secretary of State may serve a notice on any person forbidding them to supply, offer to supply, expose for supply, or possess for supply, any...
This Practice Note sets out a summary of the key criminal offences linked to illegal working and considers practical issues when managing a criminal investigation and prosecution. For details on the civil penalty framework for illegal working, see Practice Note: Illegal working: dealing with a civil penalty. The scope of this Practice Note is limited to the law in England and Wales. While the primary focus is prosecution under section 21 of the Immigration, Asylum and Nationality Act 2006 ( IANA 2006), for guidance on additional illegal working offences, see Other offences below. Be aware that the illegal working regime, including IANA 2006, s 21, is scheduled to be widened to include alternative working models that previously sat outside its reach, pursuant to a clause in the Border Security, Asylum and Immigration Bill. See: LNB News 08/05/2025...
Overview The consequences of breaching health and safety duties at work often include the prospect of paying financial compensation to the claimant or, where relevant, their dependants. This liability usually stems from actions brought in the civil courts or the threat of such proceedings. In addition, the Health and Safety Executive ( HSE) holds various enforcement powers over employing organisations, including the issue of prohibition or improvement notices. Under the Health and Safety at Work Act 1974 ( HSWA 1974), breaches can also result in criminal liability, with potential sanctions for both individuals and companies ranging from fines to, in serious instances, imprisonment. The employer’s duty of care The employer’s duty of care owed to employees is firmly established and requires no further examination. This duty arises in two ways—at common law (negligence) and under statutory regulation. Statutory oversight of workplace safety has existed for almost two...
This Practice Note addresses the core obligations, covering risk assessments and the prevention of risk, health and safety arrangements, and the supply of information and training. It also considers the duties of employees and outside workers. The Management of Health and Safety at Work Regulations 1999, SI 1999/3242, establish a framework of employer duties aimed at preventing or reducing the likelihood of workplace accidents... Post 1 October 2013 From 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 ( ERRA 2013) took effect. For workplace accidents occurring on or after that date, civil liability no longer follows from a breach of a health and safety statutory duty unless the specific regulation provides for it. An exception persists under the Management of Health and Safety at Work Regulations 1999, SI 1999/3242, regs 16 and 17, which continue to impose civil...
Legislation tracker This tracker outlines consultation papers, primary and secondary legislation, and guidance linked to the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023), which obtained Royal Assent on 26 October 2023. It lists all pertinent primary legislation and statutory instruments associated with ECCTA 2023, including the ECCTA Bill as it moved through parliament. The Protection and Disclosure of Personal Information ( Amendment) Regulations 2025 Status: Draft – not yet in force. This instrument will broaden the circumstances in which individuals may apply to the Companies House registrar to shield personal information that appears on the public register. Once protected, the registrar must not make the relevant details publicly available. The Register of People with Significant Control ( Amendment) Regulations 2025 Date: 18...
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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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