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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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Climate change and sustainability are now central issues for the property sector The built environment accounts for a significant share of greenhouse gas ( GHG) emissions, and clients—developers, investors, real estate investment trusts ( REITs), pension funds, funders and asset managers—are facing rising regulatory demands and sharper market scrutiny. UK and EU regimes require compulsory disclosures on GHG emissions, energy performance and broader environmental, social and governance ( ESG) considerations. Alongside this, a swell of voluntary frameworks and benchmarks have produced an ‘alphabet soup’ of standards that investors, occupiers and lenders are increasingly insisting upon. At the same time, eligibility for sustainable or green finance is tied to demonstrable sustainability outcomes. This Practice Note outlines the principal implications of climate change, net zero and sustainability, together with the mandatory and voluntary reporting landscapes, with a particular emphasis on those applicable to property in England and Wales. It...
This Practice Note outlines both historic and current roles undertaken by National Grid and its owned entities within the Great Britain ( GB) energy market. It covers National Grid Electricity Transmission plc, National Grid Electricity Distribution plc, National Gas Transmission plc ( NGT), and National Grid’s former responsibilities as the Electricity Market Reform ( EMR) Delivery Body. It also describes the previous separation between electricity transmission owner and electricity system operator functions, and how those TO and SO roles were divided within NGET. Finally, the Note assesses the effects of the newly created National Energy System Operator ( NESO) on National Grid and its place within the GB energy system. The Note intentionally uses ‘ Great Britain’/‘ GB’ and the ‘ United Kingdom’/‘ UK’ with precision. Great Britain/ GB means Scotland, England and Wales (excluding Northern Ireland), while the United Kingdom/ UK...
Key stakeholders in midstream & downstream activities of the Oil & Gas industry While regional markets continue to show distinct characteristics, this Practice Note highlights that the orthodox view of ‘key stakeholders’ is widening to encompass a broader range of interests, including ‘non‑financial’ priorities—such as environmental considerations—across midstream and downstream operations. Regional nuances remain material, yet the conversation is shifting. Pinpointing the ‘key stakeholders’ in the Oil & Gas sector calls for close attention to the industry’s day‑to‑day realities. As the phrase suggests, identifying key stakeholders first involves defining the ‘stakes’ in play (that is, the interests or objectives) and, in turn, recognising the parties who possess them. To frame the discussion, a concise outline of the Oil & Gas industry is useful. Broadly, the sector is segmented into three principal areas: upstream, midstream and downstream. Accordingly, stakeholder mapping should be aligned with...
FORTHCOMING CHANGE : The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For advice on how the Act affects residential tenancies in England, refer to Practice Note: Renters’ Rights Act 2025—key provisions. This Practice Note examines the minimum energy efficiency standards ( MEES) for domestic private rented property ( DPR) set out in the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 ( MEES Regs 2015), SI 2015/962. Its emphasis is the bar on granting, or continuing, tenancies of domestic private rented homes that fall below the required standard. It forms part of our suite of Practice Notes on MEES. For context and a summary of how MEES evolved, see Practice Note: Minimum energy efficiency standards ( MEES) in the private rented sector—snapshot......
This Practice Note summarises the minimum energy efficiency standards ( MEES) for the private rented sector arising from the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 ( MEES Regs 2015), SI 2015/962. It sets out how the rules operate for both non-domestic and domestic private rented properties, and points to guidance, strategy, policy and consultations concerning the bar on letting substandard domestic and non-domestic private rented property... Minimum energy efficiency standards ( MEES)—background Legislation The UK has put in place several statutory targets on energy efficiency and carbon reduction, including the obligation in section 1 of the Climate Change Act 2008 ( CCA 2008), as amended by the Climate Change Act 2008 (2050 Target Amendment) Order 2019, SI 2019/1056, to reduce carbon levels by at least 100% from 1990 levels by 2050 (capturing greenhouse gas emissions from...
This Practice Note outlines the effect on both landlords and tenants of non-domestic private rented ( NDPR) property of the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 ( MEES Regs 2015), SI 2015/962, together with the exclusions and exemptions relevant to NDPR property. It forms part of our series of Practice Notes on minimum energy efficiency standards ( MEES). MEES Regs 2015, SI 2015/962, reg 27 (prohibition on letting substandard NDPR property) Under reg 27, a landlord must not let substandard NDPR property unless: 'relevant energy efficiency improvements' are undertaken ( MEES Regs 2015, SI 2015/962 reg 29), or one of the exemptions in MEES Regs 2015, SI 2015/962 chapter 4 (consent, devaluation or temporary exemptions) apply An exemption must be registered on the national PRS Exemptions Register ( PRS Exemptions Register) before it can be relied on. The...
This Practice Note outlines how the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 ( MEES Regs 2015), SI 2015/962, affect both landlords and tenants of non-domestic private rented ( NDPR) property. It explores the interface between the MEES Regs 2015, SI 2015/962 and the Landlord and Tenant Act 1954 ( LTA 1954), considers challenges for landlords and tenants when subletting NDPR premises that are substandard, examines points arising for a landlord with a consent exemption on assignment, highlights due diligence considerations, and flags issues in real estate finance transactions where the asset is substandard (that is, holds an energy performance certificate ( EPC) rating of ‘ F’ or ‘ G’). It forms part of our Practical Notes series on minimum energy efficiency standards ( MEES). Under MEES Regs 2015, SI 2015/962, reg 27, a landlord must not let...
This Practice Note examines the implications for landlords and tenants of non-domestic private rented ( NDPR) property arising from the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 ( MEES Regs 2015), SI 2015/962. It reviews matters to consider in relation to minimum energy efficiency standards ( MEES) under existing leases, and evaluates how MEES shapes new commercial lease negotiations on service charge, tenant alterations, statutory compliance, yielding up, rent review, the landlord’s right of entry, and controls on a tenant’s ability to carry out works affecting a property’s energy performance certificate ( EPC) rating. It forms part of our series of Practice Notes on MEES. Under MEES Regs 2015, reg 27, a landlord must not let, or continue to let, substandard NDPR premises (those with an EPC rating of ‘ F’ or ‘ G’) unless: ‘relevant energy...
ARCHIVED: This Practice Note is archived and is no longer maintained... Marrakesh Accords Location: Marrakesh, Morocco Date: 29 October–9 November 2001 Subject: Climate change The Marrakesh Accords set out the detailed procedures for putting the Kyoto Protocol into practice, introduced new financing and planning tools for adaptation, and created a framework to support technology transfer. These outcomes arose from the 7th Conference of the Parties to the United Nations Framework Convention on Climate Change ( COP 7)... For more information on: the Kyoto Protocol, see Practice Note: Kyoto Protocol—snapshot the United Nations Framework Convention on Climate Change ( UNFCCC), see Practice Note: United Nations Framework Convention on Climate Change 1992—snapshot The Ministerial Declaration The Ministerial Declaration ( Decision 1/ CP.7) recorded that the Marrakesh Accords would “pave the way for the timely entry into force of the Kyoto...
A growing focus on climate change and cutting carbon emissions, within a company’s environmental, social and governance ( ESG) strategy, is increasingly shaping corporate transactions......
Why establish an Energy Service Company ( ESCo)? Before creating an ESCo, determine precisely what it is meant to achieve and whether a special purpose vehicle is warranted in the circumstances. For a general overview of what ESCos are, why they appeal to local authorities, and the issues that local authority ESCos have faced, see Practice Note: ESCo’s: their role in local authority projects. A local authority pursuing renewable generation—for instance, solar PV—may not require a company to do so; in many cases, constructing and operating the asset on the authority’s own balance sheet is preferable. The same applies where a local authority sells power from renewables through private wire arrangements. Of the three pillars of the energy landscape (generation, distribution and supply), supply usually presents the strongest case for a distinct legal entity. Where a local authority plans to provide heat,...
This Practice Note explores the role of an Energy Services Company ( ESCo) in local authority schemes. It outlines, in broad terms, what an ESCo is and the potential structures it might use. It also sets out the advantages for a local authority in appointing an ESCo. In addition, it addresses the reduced popularity of local authority ESCos after a number of high-profile failures in the early 2020s, together with potential explanations for those outcomes. For further detail on creating a local authority ESCo, see Practice Note: How to establish a local authority Energy Services Company. What is the ESCo model for local authority projects? There is no single, settled definition of an ESCo, and the term has no particular legal status. It has been applied to organisations involved in generating, distributing and/or supplying energy to end users, as well as those working on demand...
There are various industry-standard Master Agreements for LNG Sale and Purchase Agreements ( LNG SPA), each setting out slightly differing risk matrices for buyers and sellers. This Practice Note provides swift access to widely used model-form LNG SPA Master Agreements, which were released by market participants......
Although an LNG scheme must, to differing extents, address every stage of the LNG value chain, this Practice Note concentrates on the features that set it apart from other hydrocarbon ventures: liquefaction, LNG shipping and LNG regasification. The contractual arrangements and issues in the upstream and downstream limbs of an LNG scheme broadly mirror those seen in crude oil projects. For a general overview of LNG, refer to Practice Note: LNG—an introduction. For additional, practical guidance on financing energy, power and resources developments across multiple sectors, including those covered here, see the textbook Energy and Resources Financing: A Practical Handbook. Key issues in LNG projects Integrated or non-integrated structures In essence, an LNG venture is organised as either an ‘integrated’ model or a ‘non‑integrated’ (ie standalone) business. The preferred model chiefly reflects the sponsor’s willingness to commit capital to different parts of the LNG chain....
The UK nuclear market for construction industry supply chain members is significant. For 2015/16, the Nuclear Decommissioning Authority forecast expenditure of £3.3bn solely for civil decommissioning; factor in military decommissioning and the substantial prospective value of nuclear new build and the total opportunity is vast. The field demands an extensive span of construction inputs, ranging from major civil engineering, demolition and project management, through to design disciplines and facilities management (with plenty more in addition). Certain offerings call for dedicated nuclear expertise, while others do not; nevertheless, every participant in the nuclear supply chain must recognise the particular considerations that attach to working in this arena. Regulation is stringent in the nuclear arena, especially within the UK, and the contractual frameworks and documentation employed can be accordingly intricate. This Practice Note offers a primer on the sector from the viewpoint of a legal...
For a thorough exploration of the oversight, consenting and incentivisation of the net zero transition under the laws of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook provides extensive treatment of matters addressed in this Practice Note... Quick links If you are focused on particular elements of the developing GB transmission competition regime, the following sections of this Practice Note may help: The existing position The CATO mechanism The SPV model The Competition Proxy model The Hinkley- Seabank project Introduction The Great Britain ( GB) onshore electricity transmission network has, since privatisation, been owned, operated and upgraded by three licensed transmission system owners ( TOs). These are three privately held companies: National Grid Electricity Transmission plc ( NGET) for assets in England and Wales; SP...
ARCHIVED: This Practice Note has been archived and is not being maintained at present. Under the Kyoto Protocol, the developed economies listed in Annex I to the UN Framework Convention on Climate Change (the Annex I Parties) accepted specific targets to cut greenhouse gas ( GHG) emissions across two separate commitment periods. The initial period covered 2008 to 2012 and obliged Annex I Parties to reduce total GHG emissions by at least 5% below 1990 figures. The subsequent period spanned 2013 to 2020 and called for cuts of at least 18% beneath 1990 levels; however, after 2012 these obligations were not legally binding......
ARCHIVED: This Practice Note is archived and no longer maintained Kyoto Protocol to the United Nations Framework Convention on Climate Change ( Kyoto Protocol) Parties: 192 — see ratification status for details Location: Kyoto, Japan Adopted: COP3 on 11 December 1997 Entered into force: 16 February 2005 Subject: Climate change The Kyoto Protocol From 2008 to 2020, the Protocol required developed economies listed in Annex I to the UNFCCC ( Annex I Parties) to meet quantified reductions in greenhouse gas emissions. These commitments covered the following gases: carbon dioxide ( CO2) methane nitrous oxide hydrofluorocarbons perfluorocarbons sulphur hexafluoride The UNFCCC’s objective is to stabilise greenhouse gas concentrations at a level that prevents dangerous human-induced disruption of the climate system. Its signatories endorse principles that curb emissions, and the Kyoto Protocol...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note examines how the UK’s departure from the EU influences the application of Regulation ( EU) 1215/2012, Brussels I (recast), when determining jurisdictional disputes. It addresses: the applicable provisions in the Withdrawal Agreement between the UK and the EU; relevant domestic legislation, including, where relevant, transitional provisions, together with the position of the EU Commission; the implications of the UK becoming a third state as a consequence of leaving the EU. It should also be noted that other jurisdictional regimes are affected by the UK leaving the EU. For guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners— Jurisdiction. For specific guidance on the position during the implementation period, see Practice Note: Brexit implementation period—jurisdiction [ Archived]......
This Practice Note explores jurisdiction agreements (choice of court agreements): what they achieve, why they are adopted, and comparable arrangements pursuing the same objective. It outlines the main categories of jurisdiction agreement together with remedies available if one is breached. For assistance distinguishing the different types, see: Determining court jurisdiction—overview. It is likewise essential to grasp the operation of any formal jurisdictional regime. For insight into which regimes may apply, see Practice Note: Jurisdiction rules. A principal regime is the Hague Convention on Choice of Court Agreements. That convention applies between the UK and other contracting states in proceedings where the parties have entered into an exclusive jurisdiction agreement... What is a jurisdiction agreement? A jurisdiction agreement is the parties’ undertaking specifying which court(s) will have authority to determine disputes that could arise between them. For clarity on the concept of...
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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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