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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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Non-compliance with emissions trading schemes may lead to civil penalties, operational prohibitions or the detention of aircraft. Accordingly, financiers need a clear grasp of the duties imposed on aircraft operators (and, in some cases, owners) by the applicable schemes and of the accompanying enforcement tools, so that these risks are properly catered for in their finance documentation. This Practice Note sets out the principal components of the leading emissions trading regimes relevant to aviation finance deals. It addresses: the EU emissions trading system ( EU ETS) the Carbon Offsetting and Reduction Scheme for International Aviation ( CORSIA) (and its integration into the EU ETS) the UK emissions trading system ( UK ETS) Introduction to the key emissions trading schemes The EU ETS, CORSIA and the integration of CORSIA into the EU ETS The relationship between these regimes, including how CORSIA is...
This Practice Note examines the framework for authorising (by licence or exemption) the activities of generating, distributing and supplying electricity in Great Britain ( GB). It does not cover electricity transmission, the operation of interconnectors, multi purpose interconnectors ( MPIs), smart meter communications services, or licensing of electricity system operation. For a detailed overview of the wider electricity sector licensing regime, which includes those other areas, see Practice Note: An Introduction to Electricity Licensing in Great Britain. What are the licensing requirements under the Electricity Act 1989 ( EA 1989)? It is an offence (punishable by fine) to undertake any of the following ‘licensable activities’ within the electricity sector in GB unless authorised by a licence or an exemption: generating electricity with the intention of providing a supply to any premises, or enabling such a supply to be provided ...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note records recent updates concerning certain high-profile UK infrastructure and energy projects. Crossrail (the Elizabeth line) Railway linking Reading/ Heathrow with Shenfield/ Abbey Wood via central London. 28 September 2022 — Elizabeth line Bond Street station to open on 24 October 2022. See: LNB News 28/09/2022 77 24 May 2022 — Elizabeth line opens. See: LNB News 24/05/2022 26 4 May 2022 — Tf L announces the Elizabeth line will open on 24 May 2022. See: LNB News 04/05/2022 60 24 August 2021 — Whitechapel Elizabeth line station handed over to Tf L. See: LNB News 24/08/2021 26 12 May 2021 — Trial running begins and Tottenham Court Road Elizabeth line station handed over to Tf L. See: LNB News 12/05/2021 106 5 March 2021 —...
ARCHIVED: This Practice Note is archived and is no longer maintained. It charted the progress of UK primary legislation introduced as part of the legislative preparations for the UK’s exit from the EU during the 2017–19 Parliament. Following the prorogation of the 2017–19 Parliament on 8 October 2019, the Brexit Bills moving through Parliament that had not yet secured Royal Assent fell, namely: Agriculture Bill Financial Services ( Implementation of Legislation) Bill [ HL] Fisheries Bill Immigration and Social Security Co-ordination ( EU Withdrawal) Bill Trade Bill For further reading, see: Brexit Bulletin—key Bills fall away on prorogation of Parliament, LNB News 09/10/2019 64......
Relevant articles The Journal of Renewable Energy Law and Policy has ceased publication, and no additional issues will appear. It served as a forum for analysis and debate, across Europe and globally, on legal and policy matters tied to renewable energy. The journal tracked the rapid, continually evolving developments worldwide in the sector—from bio-energy, solar and wind power to emerging technologies such as fuel cells and nuclear fusion. The articles listed here may interest energy lawyers and are accessible via links on this page. Access is restricted to Lexis®Library subscribers. For comparable article lists on Lexis®Library, see: Practice Note: Journal of World Energy Law and Business articles Practice Note: The Utilities Law Review articles Publication Date Article Jurisdiction Brief description of article 1 April 2023 — Marine spatial planning and offshore wind: preliminary principles for Australia (2023)— RELP 2-3: pp 48–56 —...
ARCHIVED: This Practice Note has been archived and is not maintained. This Energy legislation tracker highlights key upcoming measures of interest to Energy lawyers from 1 January 2023, presented in reverse chronological order. Measures applying solely to Wales ( Wales Statutory Instruments— Wales SI) are clearly marked on the tracker. Lexis Library’s Amendment Highlighter, Timeline and Legislation Menu speed up access to, and tracking of, government proposals—whether a Bill, Statutory Instrument ( SI) or an Act of Parliament—as well as viewing historic, current and future changes to legislation. Previous legislation trackers Energy legislation tracker 2022 [ Archived] Energy legislation tracker 2021 [ Archived] Energy legislation tracker 2020 [ Archived] Energy legislation tracker 2019 Energy legislation tracker 2018 [ Archived] Energy legislation tracker 2017 [ Archived] Energy legislation tracker 2016 [...
ARCHIVED This Practice Note is archived and is no longer maintained. Energy legislation tracker tool This tracker presents key forthcoming legislation for Energy lawyers from 1 January 2022, arranged in reverse chronological order. Measures applicable solely to Wales ( Wales Statutory Instruments— Wales SI) are marked accordingly on the tracker. Lexis Library’s Amendment Highlighter, Timeline and Legislation Menu make it faster and simpler to locate and follow government legislation—whether a Bill, Statutory Instruments ( SI) or a new Act of Parliament—and to view historical, current and future legislative changes. Previous legislation trackers Energy legislation tracker 2021 [ Archived] Energy legislation tracker 2020 [ Archived] Energy legislation tracker 2019 [ Archived] Energy legislation tracker 2018 [ Archived] Energy legislation tracker 2017 [ Archived] Energy legislation tracker 2016 [ Archived] England and...
ARCHIVED: This Practice Note has been archived and is not maintained. This energy legislation tracker highlights significant forthcoming measures for Energy lawyers from 1 January 2021, presented in reverse chronological order. Wales-only measures ( Wales Statutory Instruments— Wales SI) are identified on the tracker. Lexis®Library introduces three tools— Amendment Highlighter, Timeline and Legislation Menu—making it faster and simpler to access and monitor legislation the government plans to pass, be that a Bill, Statutory Instruments ( SI) or a new Act of Parliament, and to view historic, current and future changes. For information on previous legislation trackers, see: Energy legislation tracker 2020 [ Archived] Energy legislation tracker 2019 [ Archived] Energy legislation tracker 2018 [ Archived] Energy legislation tracker 2017 [ Archived] Energy legislation tracker 2016 [ Archived] England and...
ARCHIVED: This Practice Note is archived and no longer maintained. Updated each month, this Energy consultations tracker sets out the current position and latest developments for key consultations run by government departments, regulators and other organisations (including European Union bodies) on energy law and policy in England and Wales from 1 January 2021. The Department for Energy Security and Net Zero ( DESNZ) was created on 7 February 2023, taking over the energy remit from the former Department for Business, Energy and Industrial Strategy ( BEIS), which has been dissolved. The tracker is arranged by jurisdiction and section: England and Wales open consultations closed consultations European Union open...
ARCHIVED This Practice Note is archived and is no longer maintained. The Energy legislation tracker highlights key forthcoming legislation relevant to Energy lawyers from 1 January 2019, and is organised by jurisdiction: England and Wales European Union Items are shown in reverse chronological order. Provisions that apply only to Wales ( Wales Statutory Instruments— Wales SI) are clearly marked. Instruments laid in 2018 that commenced in 2019 appear at the top of the Energy legislation tracker 2018 [ Archived]. Lexis®Library has introduced three tools— Amendment Highlighter, Timeline and Legislation Menu—designed to speed up and simplify access to, and tracking of, proposed legislation, whether a Bill, Statutory Instrument ( SI) or new Act of Parliament, and to view historic, current and future legislative changes. For previous trackers, see: Energy legislation tracker 2018 [ Archived] Energy legislation tracker 2017 [ Archived] Energy...
ARCHIVED This Practice Note is archived and no longer maintained. This Energy legislation tracker presents key forthcoming legislation of interest to Energy lawyers from 1 January 2017. The tracker is divided into the following jurisdictions: England and Wales European Union Entries appear in reverse chronological order. Items applying solely to Wales are flagged on the tracker. England and Wales Ionising Radiations Regulations 2017 ( SI 2017/1075) Key date: 1 January 2018 Status: Comes into force; In force Topics: Nuclear licensing and regulation These Regulations establish a framework to ensure occupational exposure to ionising radiation is kept as low as reasonably practicable. They transpose the occupational elements of Directive 2013/59/ Euratom, which sets basic safety...
This Practice Note offers an overview of arbitration as a dispute resolution mechanism for conflicts in the energy industry. It should be read alongside the following Practice Notes: Starting a claim in an energy dispute—a practical guide Oil and gas projects—contracts and disputes Oil and gas disputes—international dispute resolution framework and institutions Energy sector disputes Energy ventures—across fossil fuels, nuclear, and renewable sources such as hydro, wind, geothermal, solar, and tidal—are marked by large-scale, capital-intensive and intricate arrangements. Deals and investments are typically long-term and often involve parties from multiple jurisdictions and varied cultural backgrounds. A broad spectrum of disputes is common in the sector. Conflicts may arise between project partners (including state entities), with financiers, with supply chain contractors, or other third parties. The subject matter can be wide-ranging—for instance, joint venture fallouts, expropriation, environmental matters, financing, pricing reviews, and...
STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have taken effect. Procurements launched on or after that date must follow PA 2023, while those started under earlier regimes (including the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and Defence and Security Public Contracts Regulations 2011) must continue to be run and managed under those rules. The Cabinet Office has also refreshed its standard contract suites, templates and guidance for the government’s Model Services Contract, Mid- Tier Contract and Short Form Contract. These revised 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 interim, see News Analysis: Procurement Act 2023 ‘go live’—what happens next?, and Government model contracts updated for...
Brexit impact At 11 pm ( GMT) on 31 December 2020, the transition/implementation period that followed the UK’s exit from the EU drew to a close. This moment—known in UK law as ‘ IP completion day’—brought key transitional measures to an end and triggered major shifts across the UK’s legal framework. Any alterations pertinent to this content will be detailed below. From IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) established a fresh class of domestic UK law—retained EU Law ( REUL)—comprising EU-derived rights and instruments that were kept in force 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 reshapes how REUL is handled by: revoking large tranches of REUL from 31 December...
' Unconventional' petroleum ' Unconventional' petroleum is produced by methods beyond orthodox techniques (chiefly vertical and horizontal drilling). It embraces shale oil and shale gas (oil or gas contained within comparatively fissile shale strata that necessitate hydraulic fractionation, or ‘fracking’, to secure their release), coal bed methane (methane adsorbed onto the surface of coal seams), tight gas (gas confined in formations with permeability so low that fracking is indispensable) and hydrates (gas sequestered within ice-like crystalline water frameworks). For further details, see: Unconventional Oil & Gas—overview. A conventional joint operating agreement (conventional JOA) must be amended in several respects and in a number of areas to accommodate the distinct features of an unconventional petroleum venture in practice. For more on conventional JOAs, see Practice Notes: The purpose and the principles of the joint operating agreement and Joint operating agreements: operator and...
What is the climate change levy? The climate change levy ( CCL) is a compulsory charge on energy used by UK businesses. It is applied at the point of supply, referred to as taxable supplies. HMRC oversees the levy, while energy suppliers add the charge to invoices and collect it. The levy applies to most non-domestic electricity, gas and solid fuels across the United Kingdom. Taxable supply A taxable supply means the provision of a taxable commodity, which can include self-supply, by an energy supplier to a business consumer that is not excluded from, or exempt under, the CCL. What is a business consumer? Business consumers are those operating in: industry commerce agriculture public administration Definition of self-supply A self-supply arises when a gas or electricity supplier, or a producer of other taxable commodities, uses its own output for its own business activities (e.g., heating and...
For additional hands-on guidance on financing energy, power and resources projects across multiple sectors, including those covered in this Practice Note, see also the textbook titled Energy and Resources Financing: A Practical Handbook for reference. What is a CHP project? Combined heat and power ( CHP) is an efficient cogeneration approach that can draw on many different fuels, capturing and making practical use of the heat created during electricity production. Producing heat and electricity at the same time from a fuel source allows CHP to reach efficiencies beyond those of separate heat generation, for example a gas-fired boiler, and a conventional power station operating separately. Where both heat and power are required on the same site, CHP can cut energy expenditure, as well as carbon output and air pollution, meaning significantly lower operating costs. CHP is applicable to many thermal plant types, including energy from waste, biomass with CCUS (...
ARCHIVED: This Practice Note is archived and not maintained, and will not be updated. This Energy consultations tracker tool sets out the current position and latest developments of key consultations carried out by government departments, regulators, and other relevant bodies regarding energy law and policy in England and Wales between 1 January and 31 December 2020 inclusive. The Department for Energy Security and Net Zero ( DESNZ) was formed on 7 February 2023 and has assumed the energy portfolio of the former Department for Business, Energy and Industrial Strategy ( BEIS), which no longer exists. For information on earlier consultation trackers, see as follows: Energy consultations tracker 2019 [ Archived] Energy consultations tracker 2018 [ Archived] Energy consultations tracker 2017 [ Archived] Energy consultations tracker 2016 [ Archived] For our tracker setting out the expected future dates of major...
ARCHIVED This Practice Note is archived and no longer maintained. This energy consultation tracking tool sets out the current position and latest developments of significant consultations run by government departments, regulators and other organisations on energy law and policy in England and Wales from 1 January to 31 December 2018. For updates from 1 January 2019, see: Energy consultations tracker 2019 [ Archived]. For updates from 1 January 2020, see: Energy consultations tracker 2020 [ Archived]. For earlier trackers, see: Energy consultations tracker 2017 [ Archived] Energy consultations tracker 2016 [ Archived] For our tracker outlining the anticipated future dates of major policy/regulatory announcements in the Great Britain ( GB) energy market. Closed consultations Consultations are listed in date order based on when they closed. The most recently closed consultation appears first in the table, so older items generally fall towards the end of the...
ARCHIVED: This Practice Note is archived and is not being maintained. STOP PRESS: From 1 April 2019, National Grid Electricity System Operator ( NGESO) became a distinct legal entity within the National Grid Group, separating the system operator ( SO) and transmission owner ( TO) functions previously held by National Grid Electricity Transmission plc ( NGET). NGESO now acts as SO, while NGET continues as TO. Accordingly, this Practice Note is being revised. For details of the consequences of the split, see Practice Note: The Split of National Grid’s Transmission Owner ( TO) and System Operator ( SO) Roles and Licences [ Archived]. This Energy consultation tracker presents the current position and latest developments for key consultations opened from 1 January 2017 by government departments, regulators and other bodies relating to energy law and policy in England and Wales. For consultations opened in 2018, see Practice Note: Energy...
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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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