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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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General Throughout the duration of an agreement (and sometimes afterwards), one or more of the parties may wish to notify third parties about particular matters relating to the existence of the agreement, its subject matter, or developments arising from the operation of the agreement. The kind of information envisaged is that typically found in public announcements or press releases issued by one or more of the parties (eg to brief investors, prospective investors, the media, potential customers, or regulatory authorities). Such announcements are usually distinct from information generated through the performance of the agreement itself (eg in a consultancy arrangement, the consultant might produce routine reports on the tasks undertaken and supply that information to its client and, in some cases, to third parties). Nevertheless, the parties will not wish to permit each other to disclose information to third parties without restraint and will...
Introduction The business model that supports a liquefied natural gas ( LNG) project is crucial, as it shapes the project’s overall risk profile and, in turn, the form of financing required. The selection ultimately rests on several factors, such as risk appetite, fiscal and tax drivers, and the investor’s financing considerations, alongside whether they wish to invest in one or more segments of the LNG chain (for more on the LNG value chain, see Practice Note: LNG—an introduction). LNG projects can be configured in a range of ways: integrated/non-integrated merchant/tolling In an integrated arrangement, ownership is aligned across the whole LNG chain, from production through to liquefaction—that is, one or more investors holding the underlying upstream concession/ PSC also hold the rights to the natural gas reserves......
What are heat networks? Heat networks are systems that deliver heating to multiple users within a single building (communal heating) or across several buildings (district heating), drawing on shared heat source(s) and a shared distribution network of pipes and plant. Heat is usually supplied as hot water—steam is uncommon—and there is a growing move towards circulating lower temperature, ‘ambient’ heat... Where a DHN connects multiple properties, heat exchangers are typically employed to provide hydraulic separation between the central network and the individual building systems. This permits different pressures and circulation rates, and makes it easier to manage temperatures (and ownership) within local buildings... For further detail on the engineering of district heating networks, see Practice Note: District heating/heat networks—technology. This Practice Note summarises the obligations under the Heat Network ( Metering and Billing) Regulations 2014, SI 2014/3120 (as amended), which form a specific element of the legal...
This Practice Note reviews service of the claim form where a contract between the parties sets out an agreed method for serving court documents. It explains the requirements for service of the claim form under CPR 6.11. For guidance on: contractually agreed methods of service, see Practice Note: Contractually agreed methods of service methods of service in the jurisdiction, see Practice Note: Service in England and Wales—a guide for dispute resolution practitioners methods of service out of the jurisdiction, see Practice Note: Cross-border service—methods of effecting service The claim form— CPR 6.11 requirements CPR 6.11 addresses situations where the parties have contractually agreed a method of service or a place for service of the claim form. The following must be observed: Requirement: the claim must be solely in respect of that contract. Judgment: this was considered in Taberna Europe CDO II PLC v...
Utilities Water, gas, electricity, communications and wider energy sectors have statutory permission to enter onto private land to install pipes, lines, cables and related service infrastructure. Where landowners lack private service rights, they may compel a provider to invoke compulsory acquisition powers to meet its duty to connect and enable a development project. Compulsory powers Each utility’s powers stem from sector-specific legislation. Although the general approach is comparable, compensation frameworks differ by utility. Those statutory schemes are industry-specific yet broadly aligned in their overall approach. Each contains its own compensation basis. In some cases, schemes cap compensation at the land’s diminution in value where rights are exercised, rather than the open market value. Electricity Under the Electricity Act 1989 ( EA 1989), persons licensed to generate, transport or supply electricity may obtain a wayleave to place an electric line on, under or over private land, with...
Introduction The escalating effects of climate change are creating fresh categories of risk for property owners, occupiers, lenders and lawyers. On 12 May 2025, the Law Society of England and Wales released its Practice Note on Climate Change and Property ( PN25), together with a supplementary Technical Note explaining physical climate risks. PN25 sets out how climate-related risks should be approached in property transactions across residential, commercial and mixed-use assets. These risks are not solely an issue for landowners or society at large; they carry legal ramifications too, as evidenced by the growing body of climate litigation. PN25 reflects the Law Society’s view of good practice and does not amount to legal advice. It recognises that certain subjects, such as the physical effects of climate change, extend beyond purely legal matters and that solicitors are not competent to advise on them. However, subject to client...
An introduction to climate change What is climate change? Climate change describes long-term alterations in temperature levels and weather patterns. Such changes can occur naturally, for instance due to fluctuations in the solar cycle. However, since the nineteenth century, human actions have been the principal driver, chiefly through the combustion of fossil fuels such as coal, oil and gas. Burning these fuels produces greenhouse gas ( GHG) emissions that behave like an insulating blanket around the planet, trapping solar heat and lifting temperatures. Key GHGs causing warming include carbon dioxide and methane. They arise from many sources, for example petrol used to drive cars or coal burned to heat buildings. Clearing forests and other land also releases carbon dioxide that would otherwise remain stored in trees. Landfill sites are significant sources of methane. Energy, industrial activity, transport, buildings, agriculture and land use are among the...
What is nuclear energy? Nuclear energy is the power released from the core of an atom (the ‘nucleus’). It can be produced in two ways: Fission — the split of a large atom into smaller atoms; Fusion — the joining of lighter atoms to create heavier atoms. Nuclear (fission) power plants split uranium atoms inside a reactor through fission. The heat generated produces steam, which turns a turbine to generate electricity. While fission is currently used commercially to produce energy, nuclear fusion is not yet commercially viable. See: What is the future of nuclear power generation in the UK? below. Various countries around the world are increasingly turning to nuclear energy to satisfy the rising need for clean energy and to strengthen their energy security. What is the nuclear fuel cycle? The set of industrial processes that results in electricity from nuclear reactions is known as the...
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 contains in-depth treatment of the topics addressed in this Practice Note. What is TMO4+? ‘ Target Model Option 4 +’ ( TMO4+) is a significant suite of reforms endorsed by Ofgem in April 2025, amounting to a comprehensive reset of Great Britain’s electricity grid connection processes. The package was driven by the UK government’s climate commitments and by persistent inefficiency and delay in the existing connection process, which have created substantial obstacles to investment and the deployment of renewable energy. This section briefly outlines the TMO4+ measures, highlighting the contrast between the previous grid connection system and the arrangements introduced through TMO4+. It also flags the energy...
This Practice Note examines the planning regime that applies to carbon capture usage and storage ( CCUS) schemes in England and Wales. For a wider survey of CCUS roll-out across UK, including the creation of CCUS commercial models to unlock private capital in the field, see Practice Note: UK CCUS—an overview. For further detail on the non-planning licensing and permitting obligations relevant to CCUS projects in the UK, see Practice Note: Carbon capture usage and storage ( CCUS)— UK permitting requirements. For comprehensive 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 treatment of topics addressed in this Practice Note. For fuller legal analysis and discussion of CCUS, see also the...
Introduction This note provides swift access to precedents within the Energy module. Items marked ‘ EFP’ link to Encyclopedia of Forms and Precedents content available to Lexis®Library subscribers. Precedents are grouped by the module’s topics and subtopics; where a precedent fits several settings, its link is repeated accordingly. Within each subsection, documents appear alphabetically. Networks and network connections Connections Checklist—acquiring interests in land for renewable energy development—options, unconditional and conditional contracts: EFP, Vol 14 Energy ( Renewables) Form 4 Connection agreement for private wires Deed granting freehold easements—cables etc to be laid in, on or under third-party land outside the wind farm site: EFP Vol 14 Energy ( Renewables) Form 26 General checklist—property considerations of a renewable energy project: EFP Vol 14 Energy ( Renewables) Form 3 Lease of part of an estate or farm to be used as a...
Carbon pricing: background Carbon pricing remains the principal tool in endeavours to tackle climate change. At the international level, the Kyoto Protocol and its flexibility mechanisms gave parties with Kyoto commitments market-based avenues to cap or cut greenhouse gas ( GHG) emissions, alongside domestic actions. These mechanisms comprise: Clean Development Mechanisms ( CDM) (art 12) Joint Implementation ( JI) (art 6) International Emissions Trading (art 17) These correspond to arts 12, 6 and 17, respectively. The Kyoto framework, in turn, prompted the EU’s Emission Trading System ( ETS), created through Directive 2003/87/ EC of the European Parliament and of the Council of 13 October 2003, which set up a Community-wide scheme for trading GHG emission allowances and amended Council Directive 96/61/ EC (the EU ETS Directive). Since then, an extensive and diverse suite of carbon pricing...
First developed in collaboration with Dr Justin Macinante of Edinburgh Law School, The University of Edinburgh. Revised by Dalia Majumder‑ Russell, Alex Ibrahim and Shinae Lee of CMS Cameron Mc Kenna Nabarro Olswang LLP. Conceptual context Emissions trading prices negative externalities—assigning costs to impacts that would not otherwise appear in the price of an activity, for example the release of greenhouse gases ( GHGs). Such trading schemes may take the following forms: Cap‑and‑trade—participants face a limit on their emissions and are either issued allowances or buy them to cover those emissions. If they exceed the cap, they must acquire additional allowances from entities with a surplus or pay a penalty at the end of the relevant compliance period. Accordingly, cap‑and‑trade arrangements are compliance...
ARCHIVED : This Practice Note has been archived and is not maintained. It examines the impact of Brexit on contractual boilerplate provisions ahead of IP completion day. For information on the effect of IP completion day on boilerplate clauses, see Practice Note: What does IP completion day mean for contract clauses? The United Kingdom’s departure from the European Union on exit day, the implementation period, and the period thereafter each carry implications for the drafting, negotiation, and enforcement of contracts governed by English law. This Practice Note focuses specifically on the effect of Brexit on boilerplate clauses. ‘ Boilerplate’ refers to those provisions within an agreement that govern its operation and address legal points relevant to most transactions. Such terms are typically found at the beginning and the end of an agreement. Although often viewed as standard or...
Introduction This Practice Note monitors the principal publications and statements made so far on Brexit and the EU Internal Energy Market, as well as Great Britain’s international electricity and gas interconnectors and trading. It also offers a concise assessment of the impact of those materials... On 23 January 2020, the European Union ( Withdrawal Agreement) Act 2020 ( EU( WA) A 2020) was passed, enabling the government to ratify the Withdrawal Agreement and to give effect to its provisions in domestic law... As a consequence of EU( WA) A 2020, the UK remains legally subject to EU law during the transition period set out in the Withdrawal Agreement, running from 11 pm on 31 January 2020 until 11 pm on 31 December 2020 (the Implementation Period). The Implementation Period ends on implementation period completion day ( IP Completion Day)... For a broader schedule of key...
ARCHIVED: This Practice Note is archived and no longer maintained. It outlines the legal consequences for Scotland arising from the UK’s departure from the EU. Notably, these implications stem from the United Kingdom’s devolution arrangements, which allocate legislative and executive authority to the Scottish Parliament and the Scottish Government under the Scotland Act 1998 ( SA 1998), subsequently and progressively expanded—principally to increase legislative and taxation powers—by the Scotland Act 2012 ( SA 2012) and the Scotland Act 2016 ( SA 2016) (collectively, the Scotland Acts). For additional guidance on Brexit, see: Scotland collection. Scotland's constitutional arrangements The starting point remains that Scotland’s status within what is now the United Kingdom of Great Britain and Northern Ireland finds its constitutional basis in the Act of Union between Scotland and England. Although devolution has re-ordered aspects of internal governance, the UK’s character as a single and...
STOP PRESS From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have come into effect. Any procurement launched on or after that date must follow PA 2023, whereas those started under the prior regime must continue to be run and overseen under that framework. Earlier legislation includes: 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 collections, 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 revised shortly to reflect these changes. In the meantime, see News Analysis: Procurement Act 2023 ‘go live’—what happens next?, and...
What are biogas and biomethane and how are they produced? Biogas is a blend of methane and carbon dioxide formed when organic material breaks down through anaerobic digestion. It is chemically the same as fossil gas as both originate from the same matter, though it is produced differently—and the process can be more renewable and sustainable than fossil fuel gases. Biomethane is created by upgrading and purifying biogas, allowing it to be used as a fuel that can be transported and used in homes. It can be moved using the existing infrastructure for fossil gas, i.e. the gas grid. Uses of biomethane Although this note mainly focuses on gas to grid projects (i.e. transporting biomethane on the natural gas grid), there are other applications for biogas and/or biomethane. Heat Biogas can be burnt to produce heat. The energy generated can maintain the digester’s temperature and warm nearby...
This Practice Note sets out the principal funding routes for biomass projects and reviews the standard project finance architecture and documentation in a biomass context. As external lenders chiefly focus on a project’s ‘bankability’, it also identifies the key risks they should assess when backing a biomass scheme. Introduction What is biomass? Biomass is a broad term for organic matter sourced from plants or plant-derived materials used to produce heat, electricity or transport fuel. More specifically, Forest Research—the research agency of the Forestry Commission ( FC) and Great Britain’s leading organisation for forestry and tree-related research—defines biomass as biological material from living or recently living organisms, such as wood, crops and the biogenic components of municipal, human and animal waste. For further information on biomass technologies, see Practice Note: Waste to...
Biomass fuel Biomass describes organic matter from plants or plant-derived sources used to generate heat, electricity or transport fuels, and is typically viewed as having a lower carbon footprint than fossil fuels. As a fuel for heat and power projects it can comprise, for example: waste and clean/recycled wood, such as forestry residues, landscaping arisings and wood chips (waste wood is categorised by the Wood Recyclers Association as: Grade A – pre-consumer waste wood and wood packaging (clean/untreated) Grade B – industrial waste wood (treated/non-hazardous) Grade C – municipal waste wood (treated/non-hazardous) Grade D – hazardous waste wood ) dedicated energy crops cultivated for conversion to energy, including maize, grass and...
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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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