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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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What are petrol filling stations? Traditional filling stations retail petrol, diesel and paraffin, typically stored in underground tanks of varying sizes. Sites range from small urban or rural forecourts with only one or two pumps to larger garages that also operate full workshops providing repair and maintenance services. The overall number of forecourts has decreased since the 1960s, and many locations have shifted from oil company ownership to dealer operation. Activities Petrol is a blend of volatile hydrocarbons with chemical additives. Oxygenates are included to improve stability and deliver anti-knock properties; the amounts of anti-knock compounds are regulated by legislation and have been progressively reduced. In unleaded petrol, these have been replaced with other substances, such as methyl tertiary butyl ether ( MTBE), which acts as an octane booster. Detergents are also added to help keep carburettors, fuel injectors and inlet valves free from carbon...
Planning permission and the GPDO Under section 57 of the Town and Country Planning Act 1990 ( TCPA 1990), planning permission is needed for ‘the carrying out of any development of land’. The TCPA 1990, s 55(1) defines ‘development’ as either of the following: the undertaking of building, engineering, mining or other operations in, on, over or beneath land (see Practice Note: Operational development), or the occurrence of any material change in the use of buildings or other land (see Practice Note: Material change of use) By virtue of TCPA 1990, s 58(1)(a), planning permission can be conferred by a ‘development order’. The Town and Country Planning ( General Permitted Development) Order 2015 ( GDPO 2015), SI 2015/596, and the Town and Country Planning ( General Permitted Development Order) 1995 ( GDPO 1995), SI 1995/418 (together, the GPDO) constitute such...
ARCHIVED: This Practice Note has been archived and is no longer maintained. Background When the Energy Act 2013 ( EA 2013) took effect, and to some extent still today, the UK was grappling with significant issues across its electricity system. These encompassed: developing low-carbon generation capacity to hit net zero carbon goals (as prescribed under the Climate Change Act 2008, as amended by the Climate Change Act 2008 (2050 Target Amendment) Order 2019, SI 2019/1056) replacing power plants approaching the end of their operational lives modernising grid infrastructure to cope with a higher share of intermittent and inflexible generation (for example wind and nuclear respectively, in contrast to conventional and responsive sources such as coal-fired turbines) and a growing population delivering gains in energy efficiency, notably within older, inefficient building stock, to help restrain energy...
For additional hands-on guidance on key legal matters in the wind sector, also consult the textbook Wind: Projects and Transactions. What is onshore wind? Onshore wind describes turbines sited on land. These machines convert the kinetic energy of moving air (wind) into electrical power. In essence, they turn wind energy into electrical generation. The configuration and height of each turbine influence output. Wind turbines components Turbines use blades that spin about a hub linked to the nacelle at the top of a steel tower, high above the ground. Most feature three blades rotating about a horizontal axis. Two‑bladed variants exist, generally at smaller scale. Horizontal‑axis machines account for most of the sector; they extract more electricity from a given wind resource, though they are less effective in turbulent conditions that can reduce performance. Figure 1—an example of horizontal‑axis turbines (source: WSP)....
Introduction Wind energy has been pivotal in driving the shift in generation from fossil fuels to renewables. Among renewable technologies, onshore wind is generally inexpensive and its costs have fallen sharply over the last decade; a recent International Renewable Energy Agency ( IRENA) analysis indicates the levelised cost of onshore wind power dropped by 69% between 2010 and 2022. In contrast with offshore turbines, which contend with stronger winds and need underwater installation and maintenance, onshore turbines are regarded as relatively low-tech and straightforward to set up. As a result, onshore wind is among the most widely deployed renewable options, supported by a mature global market that in 2023 surpassed 940 GW of capacity across developed and developing nations on five continents. By comparison, offshore wind — with just 72 GW across three continents — is far smaller than the more advanced onshore...
National Planning Policy Framework ( NPPF) Under the NPPF, local planning authorities are urged to frame policies that optimise renewable and low carbon energy schemes, while satisfactorily tackling adverse effects, including cumulative landscape and visual impacts. Where proposals would otherwise be unacceptable, planning conditions and obligations can secure acceptability. Conditions should only be attached when they are: necessary; relevant to planning and to the development to be permitted; enforceable; precise; and reasonable in all other respects. Planning obligations are governed by the 'reasonableness tests' in the Community Infrastructure Levy Regulations. See Practice Note: Planning conditions—key points. The former Department of Energy and Climate Change ( DECC) issued sample conditions for wind energy developments. The National Policy Statement for Renewable Energy Infrastructure (the Renewables NPS) also offers guidance on various forms of mitigation for onshore wind farm impacts. However, determining authorities should tailor these, where appropriate, to the particular...
Oil & Gas— Onshore licensing regime Regulatory body Historically, oversight of the UK’s oil and gas resources rested mainly with the Department of Energy and Climate Change ( DECC), acting for the Secretary of State ( So S). Acting on Sir Ian Wood’s recommendations in his review of oil and gas recovery on the UK Continental Shelf ( UKCS) (the Wood Review), the Government created a new independent regulator, the North Sea Transition Authority ( NSTA) (formerly the Oil and Gas Authority), to assume DECC’s regulatory and licensing roles for all oil and gas exploration and production across the United Kingdom and the UKCS, covering applicable exploration and production operations throughout those areas, as announced by Government. On 14 July 2016, it was confirmed that DECC would be amalgamated with the Department for Business, Innovation and Skills, forming the Department for Business, Energy and...
Scope A farm-out is essentially a structure through which the holder of a participating interest in specified oil and gas assets (the Farmor) agrees to transfer a portion of that participating interest (the Assigned Interest) under a production sharing contract (the PSC) — or other host government arrangement conferring rights to hydrocarbons — to a third party (the Farmee). Unlike a conventional sale for cash alone, consideration in a farm-out typically combines a cash element with the Farmee’s commitment to satisfy defined work programme obligations. By farming out, the Farmor can introduce a partner to recover sunk costs, share ongoing funding requirements, bring in technical expertise and capacity that might otherwise be unavailable, and spread risk while participating in any potential upside from an exploration asset. A farm-out agreement (the FOA) mirrors many features of a standard sale and purchase agreement, including...
Introduction and background This Practice Note summarises the ‘ RIIO‑2’ price controls for Great Britain’s energy networks, which took effect on 1 April 2021 for gas distribution, gas and electricity transmission, and the Electricity System Operator ( ESO). It will be updated as the position develops. RIIO ( Revenues = Incentives + Innovation + Outputs) is the methodology used by the Office of Gas and Electricity Markets ( Ofgem) to set the prices that Great Britain’s licensed onshore energy network owners and operators may charge for use of the electricity and gas transmission networks. In the first instance, network companies recover these charges from licensed suppliers and from generators/gas shippers (under the Connection and Use of System Code, the Distribution Connection and Use of System Agreement, and the Uniform Network Code). Ultimately, the costs are passed through to customers on energy supply bills, where they...
ARCHIVED: This Practice Note is archived and is no longer maintained. Introduction Feed-in Tariffs ( Fi Ts) provide financial support for electricity produced from low-carbon sources. They deliver guaranteed payments per kilowatt hour (p/k Wh) over a set term to small-scale low-carbon generators. These payments are made by electricity suppliers, who recover the extra expense from their customers, so the additional cost of renewable power is shared across the whole electricity market. For wider details on the Fi T scheme and current activity, including consultations, regulatory guidance and key amendments, refer to the resources below. Practice Note: Feed-in tariff ( Fi T)—key features and the Feed-in tariff scheme tracker showing status and recent developments Ofgem: Essential Guide to applying for ROO- Fi T accreditation Closure of the Fi T On 19 July 2018, BEIS confirmed (as expected) that the Fi T would close to new...
For additional practical guidance on key legal issues in the wind sector, consult the textbook: Wind: Projects and Transactions. What is offshore wind? Offshore wind means wind turbines installed in bodies of water, most commonly the sea. These turbines convert the kinetic energy of moving air into electricity. Because wind speeds offshore are typically more stable than on land, offshore projects can produce greater volumes of power. While there are overlaps, offshore turbine technology differs markedly from land-based systems. Offshore wind turbines components Early offshore schemes relied on adapted onshore machines; today, turbines are purpose-designed for marine conditions and deliver higher capacities than the largest onshore units, reaching 8–12 MW (megawatts) compared with about 3–4 MW onshore. Even larger onshore and offshore models are currently being developed and built. As with onshore technology, the key parts of an offshore turbine include the following (see Practice Note: Onshore...
What are OFTOs? Offshore Transmission Owners ( OFTOs) hold and operate the offshore transmission assets that link offshore wind farms to the mainland electricity system. These assets span the full chain from the offshore interface with the generating wind farm through to the onshore grid connection point, and include all cables and related connection equipment. Commonly, the assets comprise any offshore platforms and linked substations, export cables, the onshore substation, and the onshore cable routes to the Distribution Network Operator substation. For details on the various participants in the Great Britain ( GB) onshore and offshore transmission landscape, and how they sit within the broader GB electricity market, see Practice Note: The Great Britain electricity market—an introduction. Introduction to the OFTO regime The legislative framework In 2011, the EU Third Energy Package was transposed into UK law via the Electricity and Gas ( Internal Markets)...
Requirement to transfer offshore transmission assets For further practical guidance on key legal issues in the wind sector, see also the following resources: Wind: Projects and Transactions Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition (for detailed commentary on the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales) That textbook offers in-depth analysis of matters discussed in this Practice Note. Why are generators required to transfer offshore transmission assets? An offshore wind farm depends on its link to the onshore electricity grid via offshore electricity transmission assets. Under the regime for projects in Britain’s territorial waters, generators may choose for a separate offshore transmission owner ( OFTO) to build these transmission assets; nevertheless, to date, UK offshore wind generators have undertaken the construction themselves (commonly termed Generator Build). However,...
Industry bodies Body Description The ESC serves as the Capacity Market Settlement Body, overseeing the distribution of capacity payments and the collection of penalties from recipients supported by the Capacity Market. It acts as the Capacity Market ‘ Settlement Body’. It also manages, in that capacity, the sums received from licensed electricity suppliers that finance the payments the ESC makes to those Capacity Market beneficiaries. Those supplier receipts underpin the ESC’s outgoing payments. The ESC was designated under the Electricity Capacity Regulations 2014, SI 2014/2043, reg 80, and is a company wholly owned by DESNZ. Its relationship with its sole shareholder—the Secretary of State for Energy Security and Net Zero ( So S)—is set out in a Framework Document. Operationally, ESC shares premises, a website and senior leadership with the Low Carbon Contracts Company Ltd ( LCCC), the counterparty for the low carbon...
What is the impact of Brexit on the UK nuclear sector? On 31 January 2020 (‘exit day’), the UK stopped being a Member State of the EU. At that moment, a transition/implementation phase began, during which the EU continued to treat the UK as if it were still a Member State for many matters. Leaving the EU also entailed departure from the Euratom Community. At 11 pm ( GMT) on 31 December 2020, the transition/implementation period ended. This moment, termed ‘ IP completion day’ in UK law, brought transitional measures to a close and triggered substantial changes across the UK’s legal framework. It likewise confirmed the UK’s withdrawal from Euratom. Any developments relevant to this material will be set out below. On 24 December 2020, the UK government confirmed agreement of the EU‑ UK Trade and Cooperation Agreement ( TCA), supported by various...
In March 2022, the Oil and Gas Authority ( OGA) adopted a new name and is now the North Sea Transition Authority ( NSTA). To avoid any uncertainty, this Practice Note uses the term NSTA, even where, at the time in question, the body was called the OGA. Mentions of the NSTA also cover its previous incarnation as the OGA. In the same way, this Practice Note cites any issued documents or strategies using the updated NSTA title, despite their original publication under the OGA name. For instance, what used to be termed the ‘ OGA Strategy’ is described here as the NSTA Strategy. Although legislation still refers to the organisation by its former title, the OGA, relevant functions are performed by the NSTA. Accordingly, statutory references appearing in legislation outside this Practice Note are, in practice since March 2022, to be read as...
Brexit and the Single Electricity Market The withdrawal agreement between the UK and the EU, in force from 1 February 2020, expressly makes provision for the island of Ireland’s Single Electricity Market ( SEM) within the NI Protocol (the Protocol), ensuring NI remains subject to defined EU rules so the SEM can keep operating. Accordingly, there have been no major alterations to the SEM since IP completion day, for the time being. That position could, however, potentially shift if the two legal regimes begin to diverge over time in the two jurisdictions. Under the Protocol, specific EU measures concerning electricity generation, distribution, transmission, supply and trading continue to apply in NI for a minimum of four years after the end of the transition period. After this first four‑year term (ending in December 2024), and after each following four‑year term, NI may choose to leave the...
References to the NSTA In March 2022, the Oil and Gas Authority ( OGA) adopted a new name and is now referred to here as the NSTA. For clarity, this Practice Note uses the term NSTA, even where, at the material time, the body was called the OGA. Mentions of the NSTA also encompass its former role as the OGA. Equally, we cite any documents or strategies using the updated NSTA label, notwithstanding that they may have been issued under the OGA name. For instance, what used to be the ‘ OGA Strategy’ is described here as the NSTA Strategy. Although legislation still refers to the organisation by its historic title, OGA, those statutory functions are exercised by the NSTA. Consequently, statutory citations encountered outside this Practice Note should be read, in practice, as references to the NSTA from March 2022 onwards. For fuller...
The Non- Domestic Renewable Heat Incentive ( NDRHI) ceased taking new applications on 31 March 2021. However, in limited cases an application for accreditation (for installations) or for registration (for biomethane production) can still be submitted after that date, as outlined in this Practice Note. This Practice Note also offers a detailed account of the NDRHI’s status in relation to: scheme closure continuing obligations for accredited or registered installations the role of the Office of Gas and Electricity Markets ( Ofgem) how the NDRHI interacts with Contracts for Difference ( Cf D) and the Capacity Market ( CM) the Green Gas Support Scheme ( GGSS), the successor subsidy to the NDRHI What is the NDRHI? The NDRHI applies in GB. A separate but comparable scheme in Northern Ireland has also closed to new applicants and, following a...
FORTHCOMING CHANGE : The Renters’ Rights Act 2025 secured Royal Assent on 27 October 2025. For guidance on how the Act affects residential tenancies in England, refer to Practice Note: Renters' Rights Act 2025—key provisions. This Practice Note examines which non-domestic privately rented properties ( NDPR) fall within the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 ( MEES Regs 2015), SI 2015/962; it also addresses the prohibition on letting NDPR and the way minimum energy efficiency standards ( MEES) interact with energy performance certificate ( EPC) requirements. It forms part of our MEES Practice Note series... Implementation of the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 For an overview of the background to the development of MEES, see Practice Note: Minimum energy efficiency standards ( MEES) in the private rented...
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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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