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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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Prepared in collaboration with Navraj Singh Ghaleigh, Senior Lecturer in Climate Law at the University of Edinburgh Law School. For fuller commentary on the regulation, consenting and incentivisation of the net zero energy 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 in-depth discussion of matters addressed in this Practice Note. What is Greenhouse Gas Removal ( GGR)? GGR is a collective term for methods that capture greenhouse gases straight from the atmosphere and secure their long-term storage, so they no longer contribute to climate change. Unlike emissions reduction, which limits the release of new greenhouse gases, GGR concentrates on taking out gases already in the air. nature-based approaches, such as afforestation, soil carbon sequestration and wetland restoration, which enhance natural systems’ capacity to absorb and store...
Brexit impact As of 31 January 2020 (exit day), the UK ceased to be an EU Member State and entered an implementation phase during which, for many purposes, the EU continued to treat the UK as if it were still a Member State. At 11 pm ( GMT) on 31 December 2020, that transition/implementation phase ended. From that moment (known in UK law as ‘ IP completion day’), principal transitional arrangements expired and notable changes started to take effect across the UK’s legal framework. Any amendments relevant to this material will be outlined below in due course. For details on how departure from the EU will affect Great Britain’s ( GB) renewable energy sector, see Practice Note: Energy and Brexit—renewable energy, which tracks the main publications and announcements issued to date regarding Brexit and the Great Britain ( GB) renewable energy sector. It also...
For fuller analysis of regulation, consenting and incentives for the net zero energy shift within the law of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That volume offers detailed treatment of matters explored in this Practice Note. What is the background to ? In 2010, the UK government concluded that meeting national energy requirements by 2020 would demand investment of up to £110bn. This assessment arose amid rising consumption and the retirement of power stations owing either to age-related obsolescence or to compliance with EU‑derived emission reduction obligations. Renewable output, expanded significantly in recent years to advance the UK’s net zero goals, brings the difficulty of intermittency, as it depends heavily on weather and therefore cannot deliver dependable baseload in the manner of conventional plant. In addition, the country’s electricity networks were not...
What is the Renewable Heat Incentive ( RHI)? The RHI is a Great Britain government scheme offering payments to encourage the use of renewable heating in a market largely reliant on fossil fuels. The idea was that by providing financial support, hurdles such as high upfront costs and running expenses could be eased, boosting adoption. The scheme was split into two phases: Phase 1 launched in November 2011 for non-domestic systems across industrial, commercial and public sectors. It stopped accepting new applications on 31 March 2021. For more detail, see Practice Note: Non- Domestic Renewable Heat Incentive ( NDRHI)—scheme closure and key continuing features. Phase 2 covers the domestic RHI (following the Renewable Heat Premium Payment ( RHHP)) and began in April 2014. The domestic RHI closed to new applicants at midnight on 31 March 2022 and has been succeeded by the Boiler...
Oversight of UK decommissioning policy and its delivery sits with the Department for Energy Security and Net Zero ( DESNZ). Formed on 7 February 2023, DESNZ assumed the energy remit of the former Department for Business, Energy and Industrial Strategy ( BEIS), which has now been dissolved, including its responsibilities for decommissioning. Any mention of ‘ BEIS’ in this practice note refers to the department’s former functions. Although the UK issues policy documents, a substantial portion of the regime is driven by the UK’s commitments under international law. International Law—installations The 1958 Geneva Convention on the Continental Shelf ( Geneva Convention) was the first treaty to set out the law of the sea, and it remains the only convention that expressly mentions the ‘removal’ of installations. The United Kingdom gave effect to the Convention domestically in 1964 through the Continental Shelf Act 1964 ( CSA 1964), which...
Glasgow Summit ( COP26/ CMP16) Location: Glasgow, United Kingdom Date: 31 October–12 November 2021 Subject: Climate change, international environmental law, climate targets Background on the UNFCCC The United Nations Framework Convention on Climate Change ( UNFCCC) is a global treaty adopted at the 1992 ‘ Earth Summit’ in Rio de Janeiro. Its purpose is to stabilise greenhouse gas ( GHG) levels in the atmosphere at a point that avoids dangerous human-driven climate change. There are 197 signatories—known as Parties—to the Convention. At the outset, the UNFCCC aimed to set national reference levels for GHG emissions, using 1990 as the base year. The Conference of the Parties ( COP) serves as the Convention’s decision-making body, convening annually, unless Parties agree otherwise, to evaluate progress on climate action. For additional detail, see Practice Note: United Nations Framework Convention on Climate Change...
An increasing cohort of developers is reporting that co-located battery storage schemes have secured project finance. This marks significant progress, given that as recently as 2018 grid-scale batteries were treated as an emerging asset class, with many funders having written them off as unsuitable for project finance. This Practice Note sets out key considerations for both lenders and developers looking to project finance co-located battery storage projects. For more information on: construction considerations for co-located battery storage projects, see Practice Note: Energy storage—construction issues property aspects regarding co-located battery storage projects, see Practice Note: Battery storage projects—property issues planning matters, including in relation to co-located battery storage, see Practice Note: The planning regime for energy storage in England and Wales battery storage projects more broadly, see Practice Notes: Scaling up energy storage—revenue opportunities in Great Britain and Energy storage...
Introduction This Practice Note sets out the principal areas in which Brexit has a clear and immediate legal effect on the Great Britain ( GB) renewables sector. On 23 January 2020, the European Union ( Withdrawal Agreement) Act 2020 ( EU( WA) A 2020) was enacted, allowing the government to ratify the Withdrawal Agreement and transpose its terms into UK law. Owing to EU( WA) A 2020, the UK continued to be subject to EU law throughout the transition period established under that Agreement. The transition concluded at 11 pm ( GMT) on 31 December 2020. From that moment—defined in UK law as ‘ IP completion day’—core transitional measures ceased and substantial alterations began to apply across the UK’s legal framework. On 24 December 2020, the European Commission and the UK government confirmed an agreement in principle on the legal basis for the future UK‑ EU...
FORTHCOMING CHANGE: On 24 May 2024, the Digital Markets, Competition and Consumers Bill secured Royal Assent, was enacted as the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024), with some provisions commencing immediately. The unfair commercial practices regime in DMCCA 2024, Part 4, Chapter 1 took effect on 6 April 2025, disapplying and substituting the equivalent rules in the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 ( CPUTR 2008) from that date. However, sections 232, 234 and 235, which concern consumers’ rights to redress, have not commenced; until they do, Part 4A of CPUTR 2008 continues to regulate redress. The strengthened consumer protection enforcement powers likewise began on 6 April 2025. Measures still pending include the repeal of the Alternative Dispute Resolution for Consumer Disputes ( Competent Authorities and Information) Regulations 2015 ( Consumer ADR...
This Practice Note examines the legal and regulatory regime applicable to district heating networks in England and Wales. The topics covered are: a high-level introduction to what district heating networks are the statutory foundations supporting the DHN regulatory framework the DHN regulatory scheme established by Part 8 of the Energy Act 2023 ( En A 2023), together with secondary legislation and the Office of Gas and Electricity Markets’ ( Ofgem’s) DHN authorisation conditions how heat network zones are defined and used within DHN regulation the principal UK government subsidy programmes that facilitate DHN deployment This Practice Note does not examine regulation of the centralised generation system providing hot water to a DHN scheme, which depends on the generation technology (for example, the electricity licensing regime where the source is a combined heat and power plant) (see Practice Note: Great Britain...
What are ground source heat pumps? Ground source heat pumps ( GSHPs) are central heating and/or cooling systems that transfer heat between the building and the ground. They draw on stored solar and ground energy, raising it to a more useful temperature for the heating system. In summer, they can remove heat from the building and release it into the ground to provide cooling. This practice is common in China, Japan, the USA and parts of Europe. For further details on global GSHP patterns, refer to the Renewables Global Status Report. How ground source heat pumps work Soil temperature varies by location, but in the UK it stays stable at around 11–12°C once you go below roughly 5 metres. At this depth the ground forms a large thermal store, absorbing the sun’s heat in summer and giving it back in winter. GSHPs capture this...
This Practice Note outlines green loans and the principal considerations when preparing a green loan agreement. It centres on the Green Loan Principles ( GLP) issued by the Loan Market Association ( LMA), the Asia Pacific Loan Market Association ( APLMA) and the Loan Syndications and Trading Association ( LSTA)... Clarifies the meaning of a green loan Introduces the GLP and the accompanying GLP guidance Sets out the four core components of a green loan under the GLP and summarises the related guidance Condenses GLP and GLP guidance on what qualifies as a green loan, on reviews, and on greenwashing risks Provides sources for precedent wording, including the Loan Market Association draft provisions, plus drafting pointers What is meant by a green loan? Under the GLP, green loans encompass any form of loan instrument and/or contingent facility (for example, bonding lines,...
Energy Savings Opportunity Scheme ( ESOS) ESOS is a programme for energy assessment and efficiency savings. It applies on a compulsory basis to entities that satisfy the eligibility criteria, namely large undertakings and their corporate groups. Its origin is the EU Energy Efficiency Directive 2012/27/ EU, art 8(4)–(6), which oblige EU Member States to ensure that enterprises which are not small and medium 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]. The obligations in art 8(4)—(6) of the Energy Efficiency Directive were implemented in the UK through the Energy Savings Opportunity Scheme Regulations 2014, SI 2014/1643 (the ESOS Regulations). Those Regulations were made on 24 June 2014 and came into force on 17 July 2014. With effect from 26 October 2015, modest amendments were...
ARCHIVED: This Practice Note has been archived and is not maintained Originally prepared in partnership with Navraj Singh Ghaleigh, Senior Lecturer in Climate Law, University of Edinburgh. The EU Emissions Trading System ( EU ETS) is the largest emissions trading scheme globally by volume. It functions as a cap-and-trade arrangement: an overall cap is set on the aggregate greenhouse gas emissions from all sectors participating in the scheme, and that cap is translated into allowances that can be traded. For more information, see Practice Notes: Emissions trading—overview EU ETS Directive 2003/87/ EC—snapshot EU Emissions trading system—outline EU ETS Phase III UK implementation—legal framework, key obligations and administration [ Archived] EU ETS Phase III UK implementation—regulated activities, operators, and installations [ Archived] EU ETS Phase III UK...
ARCHIVED: This Practice Note has been archived and is not maintained. Originally developed in collaboration with Navraj Singh Ghaleigh, Senior Lecturer in Climate Law, University of Edinburgh. The EU Emissions Trading System ( EU ETS) is the world’s largest trading system by volume. Its core operation, legal framework, allocation rules, scope and coverage are addressed in the following Practice Notes: Emissions trading—overview EU ETS Directive 2003/87/ EC—snapshot EU Emissions trading system—outline EU ETS Phase III UK implementation—legal framework, key obligations and administration [ Archived] EU ETS Phase III UK implementation—regulated activities, operators, and installations [ Archived] EU ETS Phase III UK implementation—allocation of allowances and auctioning [ Archived] When is a greenhouse gas permit required under Phase III EU ETS? [ Archived] Phase IV of the EU ETS runs from 2021 to 2030. It applies a cap on total emissions that decreases annually by 2.2%; it doubles the number of...
Originally prepared in collaboration with Navraj Singh Ghaleigh, Senior Lecturer in Climate Law, University of Edinburgh. ARCHIVED: This Practice Note is archived and not being maintained. Brexit At 11 pm ( GMT) on 31 December 2020, the Brexit transition/implementation phase following the UK’s withdrawal from the EU came to an end. That moment, known in UK law as ‘ IP completion day’, saw key transitional measures lapse and significant changes start to apply across the UK’s legal framework. At the close of the implementation period, the UK left the EU Emissions Trading System ( EU ETS). The UK established its own UK emissions trading scheme ( UK ETS), with obligations for UK ETS participants commencing on 1 January 2021, the start of the UK ETS’s first trading period. However, under the terms of the Withdrawal Agreement, the UK remained within the EU ETS during the...
Context—what’s next for the European Green Deal? In December 2019, the Commission unveiled its ‘ European Green Deal’, framed as a roadmap to make the EU’s economy sustainable by turning climate and environmental challenges into opportunities across every policy field, and ensuring the transition is fair and inclusive for all. The Green Deal set out an ambitious suite of ‘deeply transformative’ legislative and policy actions in the following areas: climate action — notably, it underpinned legally binding targets to cut carbon emissions by 55% by 2030 and reach net zero by 2050 (see Practice Note: EU Climate Regulation—snapshot) biodiversity restoration water, air and soil pollution energy industry built environment transport agriculture For details on progress towards the Deal’s objectives, see Practice Note: The European Green Deal—tracker. From 2019 to 2024 there was substantial movement on new laws and policies under the European Green Deal banner, yet as the 2024 European election...
Carbon trading agreements While the contractual framework for trading carbon resembles that for other products, it also has several distinctive aspects. This note outlines those characteristics, concentrating on issues arising in compulsory regimes, chiefly the European Union’s Emissions Trading System ( EU ETS). After Brexit, the UK created a separate, self-contained UK Emissions Trading Scheme ( UK ETS). For further detail, refer to the section below on Brexit, the EU ETS, and the UK ETS. For context on the operation and rationale of cap and trade schemes, see Practice Notes: Carbon markets—international emissions trading schemes and Carbon markets—price of Carbon. Carbon trading—who and how? The range of actors permitted to join an emissions trading scheme, the market participants, is a key driver of market liquidity. Certain regimes, for instance the South Korean Emissions Trading Scheme ( ETS), confine trading to regulated entities or...
The Energy Savings Opportunity Scheme ( ESOS) ESOS is a programme for energy assessment and savings, required for organisations that satisfy the qualification criteria. It stems from the EU Energy Efficiency Directive 2012/27/ EU, art 8(4)–(6), which obliges EU Member States to ensure that enterprises other than small and medium-sized enterprises ( SMEs) undergo an energy audit at least once every four years. These art 8(4)–(6) obligations were transposed in the UK by the Energy Savings Opportunity Scheme Regulations 2014, SI 2014/1643 (the ESOS Regulations). The Energy Act 2023 provided powers to update ESOS after Brexit, and the Energy Savings Opportunity Scheme ( Amendment) Regulations 2023, SI 2023/1182 introduced changes ahead of the Phase 3 compliance deadline. Qualifying organisations must complete an assessment and audit covering their total energy use. In most instances, a ‘lead assessor’—a member of a...
The Energy Savings Opportunity Scheme ( ESOS) ESOS is a statutory programme for energy assessments and savings, mandatory for organisations that meet the eligibility criteria. It originates from the EU Energy Efficiency Directive 2012/27/ EU, art 8(4)–(6), which requires Member States to ensure that enterprises other than small and medium-sized enterprises ( SMEs) undergo an energy audit at least once every four years. For further information, see Practice Note: Energy Efficiency Directive 2012/27/ EU—snapshot [ Archived]. The UK implemented art 8(4)–(6) via the Energy Savings Opportunity Scheme Regulations 2014 ( SI 2014/1643). Post- Brexit, the Energy Act 2023 provided powers to update ESOS, and the Energy Savings Opportunity Scheme ( Amendment) Regulations 2023 ( SI 2023/1182) introduced revisions ahead of the Phase 3 compliance deadline. Qualifying organisations must carry out an assessment and audit of their total energy consumption. In most...
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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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