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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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Relevant articles The Journal of World Energy Law and Business ( JWELB) serves as the official publication of The Association of International Energy Negotiators ( AIEN) (previously The Association of International Petroleum Negotiators ( AIPN)) and carries pieces on legal, commercial and policy matters within the international energy sector, covering upstream oil and gas transactions, finance, taxation, regulation, dispute management, alternative energy resources, energy policy and security, and international energy organisations. These works, addressing both domestic and international topics, may interest energy lawyers and are accessible via links from this page. These articles are available solely to Lexis+® subscribers. Publication Date Article Jurisdiction Brief description of article 1 December 2024 — Good Oilfield Practice: its history and evolution — J World Energy Law Bus (2024) 17 (6): 351 — World. Good Oilfield Practice defines the standards by which oil and gas operators conduct their...
Contract Where an agreement is entered into by two or more parties, it may include a promise or obligation undertaken by two or more of them. Any such promise may be: joint several joint and several Whether an undertaking in contract is joint, several, or joint and several is a matter of construction, depending on the parties’ intention as revealed by the terms of the contract. For example, in Rhinegold Publishing v Apex Business Development, statutory demands were issued against Rhinegold Ltd and a related company, Tannhauser Ltd, for approximately £22,000 and £31,000 respectively. A settlement agreement followed under which the parties agreed to pay the sums due, but Tannhauser did not fully comply. Although the agreement was silent on liability, the High Court decided that, on a proper reading, the parties were jointly and severally liable. As a result, Rhinegold had to meet the...
1. First principles In the most straightforward scenario, a government grants a concession, conferring the right to explore for and to produce petroleum upon a single company, acting as the concession holder. This arrangement has typically applied in practice to relatively modest petroleum projects, where a low level of technical complexity and/or of financial exposure (found, for example, in respect of any combination of shallow depth drilling, onshore petroleum deposits or crude oil production) means that one company can hold the concession and can comfortably perform the associated work obligations. In this situation, it is not necessary to consider the manner in which a joint venture will be documented, as the sole concession holder has no other person to enter into a joint venture with in order to perform the concession. For more information on concessions, see Practice Notes:...
This Practice Note offers an overview of investment treaty arbitration. In essence, investment treaty arbitration concerns resolving, usually, a foreign investor’s claim against a respondent state, alleging violations of investor safeguards set out in an investment treaty concluded between two states or a bloc of states, under an arbitration agreement embedded in the treaty’s investor–state dispute settlement clauses. Such claims are brought pursuant to the arbitration agreement set within the treaty’s investor–state dispute settlement provisions. ' Investment treaty arbitration' is often contrasted with 'international commercial arbitration'; both are frequently grouped under 'international arbitration'. See Practice Note: International arbitration—an introduction to the key features of international arbitration, for discussion of the term 'international commercial arbitration'. Investment treaties Bilateral investment treaties ( BITs) and multilateral investment treaties ( MITs) are central to any consideration of investment treaty...
This Practice Note focuses on the substantive protections afforded by the Energy Charter Treaty ( ECT). It does not address who qualifies as an investor or investment, denial of benefits, or the ECT’s dispute settlement procedures and architecture (including arbitration). For further information on those topics, see Practice Note: Investment treaty arbitration under the Energy Charter Treaty. The expressions investor, investment and Contracting Party are used here as defined in that Practice Note. Part III of the ECT sets out a suite of provisions conferring a robust level of protection on foreign investments made within the territories of host states that are Contracting Parties to the ECT. Among the most significant clauses in Part III are Articles 10 and 13. In December 2024, the Energy Charter Conference adopted a ‘ Modernised ECT’, which adjusts the substantive standards and tightens the scope of...
ARCHIVED: This Practice Note is archived and no longer maintained. Investment contracts An investment contract is an early variant of a contract for difference ( Cf D), established under the Energy Act 2013 ( EA 2013) as a stopgap to prevent a pause in investment while the Cf D scheme was being completed, and before the broader Cf D programme arrangements had been finalised. These arrangements mirror Cf Ds by paying the generating party to the agreement the gap between the ‘strike price’ and the ‘reference price’. The ‘strike price’ represents the electricity price that reflects the cost of deploying a specific low carbon technology, whereas the ‘reference price’ captures the average market price for electricity in the market. In effect, the instrument hedges against wholesale electricity price swings, providing long-term price certainty and stabilisation for low carbon plant, and thereby helping projects proceed with...
Oil and gas disputes A large share of international arbitration concerns energy matters, and that pattern is expected to persist. This Practice Note looks at dispute categories in oil and gas, how to plan for contentious events, the available dispute resolution routes, and the principal institutions involved... Types of disputes As noted in Practice Note: Arbitration in the energy sector—an introduction, the sector gives rise to a broad array of disputes. In oil and gas specifically, as set out in Practice Note: Oil and gas projects—contracts and disputes, cases are typically cross-border and often span multiple contracts and parties. Issues commonly include: Claims under joint operating agreements Cost recovery disputes Expropriation Environmental damage Property damage Service contract disputes (drilling rig and seismic services) Faulty construction ...
STOP PRESS From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) now apply. Any procurement launched on or after that date must proceed under PA 2023, while procurements started under earlier regimes must continue to be run and administered under those rules, including: Public Contracts Regulations 2015 Utilities Contracts Regulations 2016 Concession Contracts Regulations 2016 Defence and Security Public Contracts Regulations 2011 The Cabinet Office has refreshed its standard contract suites, templates and guidance for the government’s Model Services Contract, Mid- Tier Contract and Short Form Contract, issued alongside the PA 2023 ‘go-live’ on 24 February 2025. This Practice Note will be updated shortly to capture these changes. In the interim, see News Analysis: Procurement Act 2023 ‘go live’—what happens next?, Government model contracts updated for Procurement Act 2023 ‘go-live’— LNB News 24/02/2025 29, and Cabinet Office updates PPN 013: Using standard...
Relevant articles The Utilities Law Review offers a forum for analysis and debate, across Europe and internationally, on legal and policy matters affecting utilities law. It tracks fast-moving developments in the utilities sphere in Europe and worldwide, spanning licensing through to enforcement and questions stemming from Brexit. These pieces may interest energy practitioners and can be accessed via links on this page. Access is restricted to Lexis+® subscribers. Publication date: 1 December 2024 — Greek merger control: rules of procedure and major cases 2023–24—(2024) 24(5) ULR: 215 — Jurisdiction: Greece. Overview: examines procedural rules and headline matters in Greek merger control, spotlighting 2023–24 cases. It sets out the Hellenic Competition Commission’s processes, notification thresholds and review stages. Notable matters include establishing Greece’s fifth banking pillar, a Phase 2 clearance in construction, and the first approval on a failing firm defence, marking...
What is an Independent Distribution Network Operator ( IDNO)? Electricity moves from the point of generation (where it is created) to end consumers (via an electricity supplier) through transmission and distribution networks. Collectively these networks are often called the ‘grid’, although that term originally described only the transmission system and is still occasionally used in that narrower sense. For details on: electricity generators, see Practice Notes: Licensing of GB electricity generation and storage and Great Britain electricity generation, distribution and supply licensing and exemptions regime electricity transmission networks, see Practice Notes: Licensing of GB Electricity Transmission, The role of National Grid in the Great Britain energy market and The Split of National Grid’s Transmission Owner ( TO) and System Operator ( SO) Roles and Licences [ Archived] electricity distribution networks, see Practice Notes: Licensing of GB electricity distribution and Great Britain electricity generation,...
Brexit impact From 31 January 2020 (exit day), the UK ceased to be an EU Member State. However, an implementation period followed, during which the EU continued to treat the UK as a Member State for many purposes. At 11 pm ( GMT) on 31 December 2020, the Brexit transition/implementation period concluded. That moment—termed ‘ IP completion day’ in UK law—brought transitional arrangements to a close and triggered significant changes across the UK’s legal framework. Any changes relevant to this content are noted below. On IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) established a new class of domestic law—retained EU law ( REUL)—comprising EU‑derived rights and legislation preserved in the UK after 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...
STOP PRESS From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) are in effect. Procurements launched on or after that date must proceed under PA 2023, while those initiated under earlier regimes must continue to be run and managed under those rules, including: Public Contracts Regulations 2015 Utilities Contracts Regulations 2016 Concession Contracts Regulations 2016 Defence and Security Public Contracts Regulations 2011 The Cabinet Office has also refreshed its standard contract document suites, templates and guidance for the government’s Model Services Contract, Mid‑ Tier Contract and Short Form Contract. These updated materials were released to coincide with the PA 2023 ‘go‑live’ on 24 February 2025. This Practice Note will be updated shortly to reflect these changes. In the meantime, see: News Analysis: Procurement Act 2023 ‘go live’—what happens next? Government model contracts updated for...
Greenwashing This Practice Note explores the notion of ‘greenwashing’ and the various litigation exposures it generates within the legal system of England and Wales. Note: where greenwashing risk is assessed under the Financial Services and Markets Act 2000 ( FSMA 2000), it applies only to UK publicly traded companies or companies seeking admission to a UK stock market, and to their directors, in connection with claims concerning misleading statements and omissions in a company’s prospectus and published information. Where greenwashing is considered in the context of section 463 of the Companies Act 2006 ( CA 2006), it is relevant to all UK companies. ‘ Greenwashing’ is a term of art originating in discussions around environmental and climate change matters, as set out below. It is also frequently mentioned alongside ‘ ESG’, a collective label for the environmental, social and governance elements of a...
Role of oil service agreements in a petroleum project A typical oil and gas project can be divided into four key stages, each marking a distinct step in the lifecycle from start to finish: exploration/appraisal—when a company searches for oil/gas and determines whether the prospect is economically feasible development—this phase begins once appraisal confirms economic viability, and therefore the necessary infrastructure to find and recover oil/gas out of the ground must be designed and constructed production—during this stage, oil/gas is brought onstream, produced and sold; and abandonment—when the company moves to plugging and abandoning operation, which takes place once the economics no longer sustain the project as a whole For more details on the typical agreements seen in UK upstream oil and gas projects, see Practice Note: Upstream Oil and Gas Agreements on the UKCS. The exploration phase is arguably the most critical within the cycle of an upstream...
Practice Note This Practice Note sets out the principal considerations across the lifecycle—development, funding, build, operation and decommissioning—of a UK ground-mounted solar scheme. It touches on project finance; however, save for especially large schemes, many sponsors now commonly fund development and construction from their own balance sheets rather than accessing debt markets. This is particularly true where the initial developer has disposed of the project to an investor at the pre-construction stage. The Note proceeds on the basis that the ground-mounted solar scheme is delivered as a standalone asset, not a hybrid in which solar is co-located with a battery energy storage system ( BESS) on the same site or paired with another generation technology. Co-location is nevertheless addressed in this Practice Note as follows: as a potential matter for sponsors to consider at the outset when shaping the project structure, or after the project has...
Practice Note This Practice Note sits within our suite of comprehensive guidance on the key provisions of the standard form Contract for Difference ( Cf D), issued to renewable electricity generators through the Cf D allocation rounds run to date. The emphasis here is on the Cf D terms that apply from signature up to the point a project is commissioned, when payments under the Cf D commence. Our other relevant Practice Notes in this series include: Detailed guidance on the terms of the standard form Contract for Difference ( Cf D): from commissioning to expiry — offers complementary guidance on the Cf D provisions that apply once a project has been commissioned and subsidy payments have begun Contracts for Difference ( Cf D) — key features — sets out a detailed overview of the Cf D regime as a whole,...
COVID-19 as a recent example of a significant market disruption In early 2020, the oil sector grappled with dwindling storage capacity amid oversupply, collapsing prices and a sharp fall in demand. Operators and supply chain companies scaled back activity and investment to safeguard cash flows. Capital expenditure was cut by tens of billions of dollars. Contracted rigs were suspended, cold-stacked or cancelled. Offshore field developments were postponed. Decommissioning and abandonment were brought forward. At the same time, coronavirus spread through offshore installations and vessels. Under normal conditions, around 11,500 people would be working on North Sea projects at any given moment; by 20 March 2020 this had fallen by 4,500 (about 40%), according to Offshore Energies UK (formerly Oil & Gas UK). This triggered difficult logistical calls: what if the required expertise is quarantined? What happens when contracted service providers cannot fulfil their obligations, or operations on a rig or...
Author: James Todd, with thanks to David Cruickshank and Jamie Dunne. Introduction This Practice Note sets out the principal considerations connected to the project financing of gas peaking generation schemes (often called ‘gas peakers’). It concentrates on approaches to secure dependable income for these projects and to minimise liabilities while maximising cost transparency. It does not, in the main, cover more standard contractual positions, although these remain relevant and should be evaluated by legal advisers where appropriate, such as: seeking security from counterparties assignment in security drafting funder direct agreements collateral warranties For an overview of the key documents used in project financing, see Practice Note: Project finance—key finance documents. Although written with project finance specifically in mind, many of the issues highlighted will also be pertinent when undertaking due diligence on equity transactions. For further detail on the nature of ‘gas...
The European Green Deal serves as the European Commission’s framework for sustainable growth across Europe. It embodies the Commission’s answer to existential dangers of climate change and biodiversity decline. It sets out a plan for action within the EU and for international cooperation to avert the gravest effects of a warming planet, while enabling citizens to adjust to unavoidable climate change and helping businesses to shift towards sustainability. Introduction to the European Green Deal The European Green Deal Communication (the Green Deal) appeared on 11 December 2019. It outlined a series of overarching aims to steer EU legislation and policy in the years after publication. An initial European Green Deal roadmap (the Roadmap), listing the principal measures to be adopted in fulfilment of the Green Deal’s objectives, was issued at the same time. A central ambition of the Green Deal is to make Europe the first...
Energy Savings Opportunity Scheme ( ESOS)—issues in corporate (private M& A) transactions The Energy Savings Opportunity Scheme ( ESOS) ESOS is an energy review and savings programme. It is compulsory for organisations that satisfy the qualification thresholds. It stems from the EU Energy Efficiency Directive 2012/27/ EU, art 8(4)–(6), which obliges EU Member States to ensure enterprises that are not small and medium-sized enterprises ( SMEs) undergo an energy audit at least once every four years. For further detail, see Practice Note: Energy Efficiency Directive 2012/27/ EU—snapshot [ Archived]. Articles 8(4)–(6) of the Energy Efficiency Directive have been given effect in the UK through the Energy Savings Opportunity Scheme Regulations 2014, SI 2014/1643 (the ESOS Regulations). The Energy Act 2023 provides powers to make the necessary ESOS changes post- Brexit, and the Energy Savings Opportunity Scheme ( Amendment) Regulations 2023, SI 2023/1182 introduced...
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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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