Featured documents
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:
Most recent Practice notes
For comprehensive commentary on the regulation, consenting and incentivisation of the net zero energy transition under the law of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook offers detailed treatment of topics addressed in this Practice Note. To establish any new connection—whether serving a generator, a dwelling, an office or an entire development—fresh network infrastructure must be constructed. Because network operators recover installation capital over a prolonged period (by levying suppliers for network use), a primary concern is the security of the network asset—that is, the right for it to be installed in, and remain within, the land. This typically combines statutory powers granted to licensed electricity distribution and transmission network operators with private rights, such as long leases and easements. What are street-opening powers? Section 10 and Schedule 4 of the...
An Introduction to Oil & Gas Sales and Trading States grant businesses the right to search for and extract hydrocarbons (crude oil and natural gas) within a specified area under a concession. Those holding the concession commonly set out their mutual duties and rights for activities under that concession by agreeing a joint operating agreement ( JOA). Where exploration, appraisal, development and production succeed, crude oil and natural gas are brought to the surface. For further detail on JOAs and concession arrangements, see Practice Notes: The purpose and the principles of the joint operating agreement and Understanding upstream petroleum agreements—concessions, production sharing contracts and service contracts. For more on the AIEN (formerly known as the AIPN) Joint Operating Agreement, consult the textbook: The AIPN Joint Operating Agreement: A Practical Guide. Physical v Non-physical (or Virtual) Sales and Trading A JOA will usually expressly exclude the...
This Energy consultations tracking tool sets out the latest position and updates on significant consultations run by government departments, regulators and other organisations concerning energy law and policy in England and Wales from 1 January 2026. The tracker is divided into the following jurisdictions and sections: open consultations closed consultations For details of earlier consultation trackers, see: Energy consultations tracker 2025 Energy consultations tracker 2024 Energy consultations tracker 2023 [ Archived] Energy consultations tracker 2022 [ Archived] Energy consultations tracker 2021 [ Archived] Energy consultations tracker 2020 [ Archived] Energy consultations tracker 2019 [ Archived] Energy consultations tracker 2018 [ Archived] Energy consultations tracker 2017 [ Archived] Energy consultations tracker 2016 [ Archived] For the latest position and updates on key consultations led by EU institutions and regulators concerning EU energy law and policy from 1 January 2026, see Practice Note: EU energy cases tracker 2026. England and Wales Open...
Energy legislation tracker tool This tracker highlights key legislation of interest to energy lawyers from 1 January 2026, presented in reverse chronological order. Measures applying solely to Wales ( Wales Statutory Instruments— Wales SI) are flagged on the tracker. For earlier trackers, see: Energy legislation tracker 2025 Energy legislation tracker 2024 Energy legislation tracker 2023 [ Archived] Energy legislation tracker 2022 Energy legislation tracker 2021 [ Archived] Energy legislation tracker 2020 [ Archived] Energy legislation tracker 2019 [ Archived] Energy legislation tracker 2018 [ Archived] Energy legislation tracker 2017 [ Archived] Energy legislation tracker 2016 [ Archived] England and Wales Contracts for Difference ( Allocation) ( Amendment) Regulations In force: on the day after they are made SI 2026/ Draft: Draft...
This Practice Note monitors the development of UK legislation brought forward under the legislative programme linked to the UK’s departure from the EU. It also features a Brexit SI database that compiles details of both draft and made secondary legislation related to Brexit. Quick links Use the links below to go directly to the relevant section or tracker. Practice area trackers Follow the links below for trackers focused on Brexit legislation across specific practice areas: Commercial Corporate Crime Dispute Resolution Employment Energy Environment Financial Services Information Law Intellectual Property Life Sciences Local Government Pensions Property R& I Tax For further updates and guidance tailored to individual practice areas, see: Brexit collection......
What is the National Energy System Operator ( NESO)? For comprehensive analysis of regulation, consenting and incentivisation for the net zero energy transition in England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. The textbook offers detailed treatment and context for matters addressed in this Practice Note. NESO is an independent public corporation created under the Energy Act 2023 ( En A 2023) charged with planning Great Britain ( GB)’s electricity and gas networks, as well as operating the electricity system. Its remit focuses on delivering a net zero energy system for GB whilst balancing sustainability, affordability, flexibility and security of supply, in practice and over time. Following postponement of the original launch planned for summer 2024, NESO became fully operational on 1 October 2024 (described in this Practice Note as ‘day 1’). For further details, see: LNB News...
What is the legal basis of key industry codes in the GB electricity market? The cornerstone statute governing the electricity industry in mainland Great Britain ( GB) is the Electricity Act 1989 ( EA 1989), which established the structure of the market we recognise today. Since it came into force, the EA 1989 has undergone numerous amendments arising from various UK government policy developments and, prior to Brexit, measures originating from the EU, as incorporated into the consolidated version of the EA 1989 linked in this Practice Note. The EA 1989 sets out a regulatory regime that mirrors the standard model adopted by other regulated utility industries in GB; namely, it is prohibited to undertake specified activities connected with, in this instance, electricity, unless the person is properly authorised to do so. For further detail on the regulatory regime for the GB...
Brexit Impact At 11 pm ( GMT) on 31 December 2020 the Brexit transition/implementation phase concluded following the UK’s exit from the EU. At this moment—termed in UK law ‘ IP completion day’—principal transitional measures ceased and notable alterations started to apply across the UK legal framework. This note offers guidance on areas affected by these developments. On IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) established a new strand of domestic UK law—retained EU law ( REUL)—made up of EU-derived rights and legislation preserved in the UK post- Brexit. On 29 June 2023, the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) received Royal Assent. REUL( RR) A 2023 reshapes the treatment of REUL by: revoking substantial parts of REUL from 31 December 2023 rebranding REUL as ‘assimilated law’ from 1 January...
This Practice Note outlines the principal UK government support available across 2022–25 for households and non-domestic users—such as businesses, charities and public sector bodies—designed to help them handle exceptionally high energy costs following the 2022 energy price crisis. Why did the UK government need to provide exceptional energy bills support? Global energy price shocks, intensified by the Russian invasion of Ukraine on 24 February 2022, drove wholesale prices markedly higher in the second half of 2022. There was broad concern about the consequences for domestic and non-domestic consumers, many of whom feared bills would become unaffordable, with serious implications for the wider economy. In response, the then Prime Minister, Liz Truss, stated on 8 September 2022 that emergency legislation would be introduced to help customers manage their energy costs over the winter. More broadly, the government has undertaken, and continues to pursue, reform of the retail...
This Practice Note sets out the principal existing, planned and historic caps on domestic energy supply tariffs in Great Britain ( GB). It provides detailed treatment of: the government cap on standard variable and default tariffs introduced from 1 January 2019 under the Domestic Gas and Electricity ( Tariff Cap) Act 2018; and the cap on charges for customers with prepayment meters established by the Competition and Markets Authority, which has been within the scope of the Default Tariff Cap since 1 January 2021. The Practice Note cites statutory provisions and the standard licence conditions for electricity and gas suppliers, and includes links to the relevant consultations and guidance. What is the evolving position of price caps for electricity and gas suppliers in Great Britain? The following table presents a high-level snapshot of the key price caps applied to licensed GB electricity and gas suppliers in recent years as the...
What is the Capacity Market? The Capacity Market ( CM) forms a component of the government’s Electricity Market Reform ( EMR) programme. As a statutory framework, it is intended to stimulate the delivery of dependable electricity capacity, in order to prevent prospective gaps in electricity supply. This Practice Note concentrates on the entitlements and duties of participants who secure success in the prequalification and auction stages through which CM assistance is granted and conferred to successful recipients......
What is smart metering? For an introduction to smart meters, see also Practice Note: What is a smart meter? In Great Britain, licensed electricity and gas suppliers are required under their supply licences to take all reasonable steps to roll out smart meters to domestic and small business customers. The programme is expected to lower customers’ energy bills, boost energy efficiency, and make it simpler to switch energy supplier. The UK government views smart metering as a crucial instrument for a low‑carbon economy, reaching net zero emissions by 2050, and realising ambitions for an affordable, secure and sustainable energy supply chain. The smart meter roll‑out has been extended on several occasions since the Electricity Act 1989 and Gas Act 1986 were amended to place duties on licensed suppliers to complete it. There have also been multiple reviews and publications on progress, including National Audit Office...
Under English law, binding agreements may arise orally, in writing, or by deed. This Practice Notice explores when a deed is required or preferable, and the formalities that must be observed to ensure validity. What is a deed? When a deed is required Formalities (1): in writing Formalities (2): face value Formalities (3): execution Formalities (4): delivery Escrow Witnessing Variation Failure to comply with formalities and other defects Reform For details on executing deeds in jurisdictions outside England and Wales, see Practice Note: Execution of deeds—jurisdictional guide. We have created a comprehensive, interactive collection to help users identify and navigate concepts and common issues in executing documents, including deeds. Each phase includes practical guidance, precedent clauses and Q& As relevant to that stage. For further information, see: Execution...
What does this Practice Note cover? Green bonds are a natural financing route for issuers with a funding or refinancing need for a green project. An issuer that plans to deploy the proceeds towards environmentally friendly programmes—for instance, lowering the carbon footprint or waste arising from day‑to‑day business—can access the market and also demonstrate its commitment to sustainability. Green bonds can appeal to both issuers and investors when the ecological objectives and commercial considerations are properly balanced. This Practice Note covers: What are green bonds? Types of green bonds Green Bond Principles Assurance How green is green? Market developments Next frontier and trends For the latest news and key developments in sustainable finance (including green bonds), see Practice Notes: Sustainable finance—recent news and Sustainable finance and ESG—timeline. What are green bonds? Green bonds are debt issuances in which the...
Climate change litigation In recent decades, climate change has assumed increasing prominence. As science has advanced on the drivers of climate change and the present and expected effects of warming, impatience has mounted with the pace of law and policy‑making. This sits alongside ongoing international initiatives, notably the 2015 Paris Agreement, under which parties pledge to cut carbon dioxide and other greenhouse gas ( GHG) emissions so as to keep the rise in global average temperature well below 2.0 degrees above pre‑industrial levels, and to strive to constrain it further to 1.5 degrees. For further details, see Practice Note: The Paris Agreement 2015-snapshot. Consequently, litigants are turning more frequently to the courts, which are confronting climate arguments in diverse forms and fact patterns. Data released in July 2022 show that, in 2021, litigation continued to grow as a channel for climate action. Far from...
This Practice Note introduces oil and gas joint ventures, summarising the key drivers for joining a JV in upstream projects and the chief motivations for an early exit. It also outlines the principal issues and risks typically arising on such a departure. Why are oil and gas projects sometimes structured as joint ventures? Oil and gas ventures are frequently organised as joint ventures, especially in the upstream sphere (see Upstream oil and gas-exploration and production-overview). The model is adopted for several reasons, including to: better manage ongoing capital spend and spread risk among participants, enabling involvement in larger, higher-value projects that would be unattainable alone improve access to capital funding combine resources, expertise and technology diversify and strengthen a company’s portfolio in increasingly volatile markets enter new markets and/or navigate regional regulatory requirements (e.g. a need to partner with local...
This Practice Note centres on the planning regime for new nuclear build facilities. It outlines the policy foundations for consenting new nuclear plants, the routes for appeal and judicial review, and the effects of the UK’s departure from the EU on nuclear planning. For general information on nuclear licensing and regulation, see: Nuclear licensing and regulation—overview. Further consents, including licensing from the Office for Nuclear Regulation ( ONR), are covered in Practice Note: Operating under a nuclear site licence. Planning policy Energy National Policy Statements The government’s policy on major infrastructure is expressed through National Policy Statements ( NPSs), which are statutory documents made under the Planning Act 2008 ( PA 2008). NPSs guide the Secretary of State when determining development consent applications for energy infrastructure of national significance. Between late 2009 and early 2010, the government issued six draft NPSs for...
Robust spatial planning plays a key role in tackling climate change, as it can affect the release of greenhouse gases. Local planning authorities ( LPAs), along with other planning decision-makers, should make sure that safeguarding the local and wider environment is fully taken into account. Good planning can build resilience to climate change impacts through careful choices on the siting, mix, and design of development......
ARCHIVED: This Practice Note has been archived and is no longer maintained Location: Doha, Qatar Dates: 26 November–8 December 2012 Subject: Implementation of the United Nations Framework Convention on Climate Change ( UNFCCC) and the Kyoto Protocol What is the Doha Climate Gateway? At the UNFCCC conference in Doha, Qatar—known as the Doha Climate Gateway—nations resolved to commence a further commitment period under the Kyoto Protocol. They also set a clear timetable to finalise a universal climate accord by 2015. In addition, Parties agreed on approaches to scale up climate finance and technology support for developing countries. The UNFCCC Executive Secretary, Christina Figueres, remarked that Doha represented progress, yet much remains to be done; the opportunity to keep warming under two degrees is barely open, as evidenced by science and data. She stressed that negotiations must now centre on practical methods to quicken action and...
Parties: 198 (197 States and the European Union) Location: New York Adopted: 9 May 1992 Entered into force: 21 March 1994 Subject: Climate Change What is the UNFCCC? The United Nations Conference on Environment and Development ( UNCED) — the Earth Summit — met in Stockholm in 1992 to stop and reverse environmental degradation while advancing sustainable, environmentally sound development. At UNCED, two legally binding treaties were adopted and signed: the UN Convention on Biodiversity and the UN Framework Convention on Climate Change. By joining the UNFCCC, Parties committed to collaborate on limiting increases in average global temperatures and the resulting climate change, and to address impacts that were already unavoidable. The Convention took effect on 21 March 1994 and now has near-universal participation. The 197 States and one regional economic integration organisation (the EU) that have ratified it are called...
Popular documents
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 ]...
Discover more from LexisNexis
