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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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ARCHIVED: This Practice Note is archived and is not being actively maintained. STOP PRESS: As of 1 April 2019, National Grid Electricity System Operator ( NGESO) became a distinct legal entity within the wider National Grid Group, dividing the system operator ( SO) and transmission owner ( TO) functions previously carried out by National Grid Electricity Transmission plc ( NGET) alone. NGESO now fulfils the SO function, while NGET will continue to serve as TO on an ongoing basis. Accordingly, this Practice Note is presently undergoing updates. For further details on the consequences of the separation, see Practice Note: The Split of National Grid’s Transmission Owner ( TO) and System Operator ( SO) Roles and Licences [ Archived]. This Energy consultation tracker tool presents the current position and latest developments of key consultations opened from 1 January 2016 conducted by government...
This Practice Note considers the legal and practical issues when entering into a subcontract or authorising subcontracting: What is subcontracting? When may subcontracting be allowed? The legal consequences of subcontracting Subcontractor’s liability for the contractor’s consequential loss Subcontractor’s liability to the customer What is subcontracting? While contractual rights and benefits are, unless expressly restricted, generally capable of assignment, contractual duties or burdens are not. Nonetheless, in some cases those obligations can be performed vicariously through subcontracting. Subcontracting is the delegation by the main contractor of part or all of its obligations under its contract with the customer to a third party (the subcontractor) for the subcontractor to perform. Where such vicarious performance is permitted, the contractor’s liability under the main contract does not pass to the subcontractor. The contractor remains answerable to the customer for any non-performance by the subcontractor, even if the customer has agreed to the...
Where a joint operating agreement ( JOA) establishes an operating committee ( Op Com)—at least where the JOA contemplates such a body, as some do not—the Op Com is typically the primary arena in which the operator and the non-operating parties contest their positions. This Practice Note proceeds on the basis that a participant in the concession and the JOA is appointed as operator, rather than an engaged third-party operator, while noting that the principles set out here apply equally in respect of an incorporated operator entity, and that the JOA provides for an operating committee ( Op Com) constituted to represent and safeguard the interests of the non-operating parties. For general information on joint operating agreements, see Practice note: The purpose and the principles of the joint operating agreement. The operator's perspective At a high level, the operator’s task is to exercise its rights and...
This guide explains the use of e-signatures across a range of international jurisdictions. A comprehensive table provides a quick-reference overview of whether, and in what ways, e-signatures are deployed in different countries. More extensive detail on every overseas jurisdiction listed is provided in the sections that follow. For detailed information on executing contracts in multiple jurisdictions, see Practice Note: Execution of contracts—jurisdictional guide. For guidance on the execution of deeds in different jurisdictions, see Practice Note: Execution of deeds—jurisdictional guide. For insight into how contracts are formed across various jurisdictions, see Practice Note: Contract formation—jurisdictional guide. For information concerning the execution of documents under Scots law, see Execution— Scotland—overview. Please note that this is an introductory resource only, and that local advice from suitably qualified legal professionals in the relevant country should be obtained where...
What is a power purchase agreement? A power purchase agreement ( PPA) is a contract between an electricity producer (generator) and the buyer of that electricity (offtaker) that sets out the commercial terms governing the sale and purchase of power from a generation project. For our comprehensive suite of resources and precedents on power purchase, see: Power purchase agreements and routes to market—overview. A PPA offers a route to market for electricity produced by the generator and, for renewable generating stations, any green benefits the generator receives for producing electricity from renewable sources, which may be sold on to electricity suppliers. It is the agreement under which a significant share (if not all) of a project’s revenues are earned and, as a result, the PPA supports the economics of most power projects. Most PPAs include provisions addressing the following matters: ...
This Practice Note centres on a ‘single landowner’ model, either where a fresh lease is granted for a stand-alone scheme, or where an existing lease remains and the battery storage plant is added alongside on land already leased by the developer. A number of land rights considerations must be addressed at the outset of project decision-making; these will matter both to promoters of potential battery locations and to those exploring new opportunities on operational sites. The principal points are outlined below. For a summary of the main construction aspects in battery storage schemes, see Practice Note: Energy storage—construction issues. For detail on regulatory hurdles and prospects for energy storage, see also textbook: Energy Storage: Legal and Regulatory Challenges and Opportunities. What property rights are typically sought for a battery storage...
Key issues in operation and maintenance ( O& M) contracts for renewable energy projects Overview Operation and maintenance ( O& M) of renewable energy projects is an essential element in delivering a project that succeeds. While capital expenditure often represents the majority of spend, O& M still meaningfully shapes the levelised cost of electricity, a cornerstone of project economics. A robust O& M approach can sharpen competitiveness and strengthen the investment case for renewable energy projects. The nature of O& M services differs across technologies; for instance, photovoltaic ( PV) solar involves a scope, risk profile and practical considerations that are distinct from offshore wind. Contractual terms also vary by jurisdiction and according to the maturity and depth of the relevant services market. As more renewable assets reach operation and scale up, the O& M sector grows in size and...
This Practice Note Use this Practice Note when identifying the governing law for contracts concluded on or after 1 January 2021. UK courts apply a different applicable law regime to agreements formed before 1 January 2021. The operative regime turns on the date the contract was made. For guidance on the regimes and how they interact, see Practice Note: Applicable law regimes. This Practice Note cites UK Rome I, Regulation ( EC) 593/2008. Previously called Retained Rome I, from 1 January 2024 it is styled Assimilated Rome I—the alteration is in title only; the regulation’s provisions are unchanged. Authorities may use either label, and for convenience this Practice Note uses UK Rome I. For information on assimilated law, see Practice Note: Assimilated law. This Practice Note explains when and why UK Rome I, Regulation ( EC) 593/2008 was introduced. It addresses the...
Incorporated v unincorporated charities Charities commonly adopt a range of incorporated and unincorporated forms. Corporate forms eligible for charitable status include: a charitable company (almost always a company limited by guarantee) a co-operative society or community benefit society (formerly termed industrial and provident societies) charity trustees incorporated under Part 12 of the Charities Act 2011 ( CA 2011) a charitable incorporated organisation (ie the limited-liability model created by Part 11 of CA 2011), requiring registration solely with the Charity Commission a body corporate established by Act of Parliament or Royal Charter (eg the Official Custodian for Charities) Unincorporated charities take one of two forms: a charitable trust; or a charitable unincorporated association Charitable company A charitable company may enter into contracts, execute deeds and issue other documents in the same way as any company formed under the Companies Acts......
Issue Details Convention on Third Party Liability in the Field of Nuclear Energy ( Paris Convention) Parties: 16 parties Revisions: 1963 Convention Supplementary to the Paris Convention ( Brussels Supplementary Convention — entered into force on 4 December 1974) 1964 Protocol — entered into force on 1 April 1968 1982 Protocol — entered into force on 7 October 1988 2004 Protocol — 1 January 2022 Location: Paris Adopted: 29 July 1960 Came into force: 1 April 1968 Subject: Nuclear liability What is the international liability regime for nuclear damage? Civil liability for nuclear harm is defined by four principal instruments: the 1960 Paris Convention on Third Party Liability in the Field of...
Upstream oil and gas ventures established under a licence to explore, develop and/or produce hydrocarbons are typically assembled through multiple contracts, many of which feature arbitration clauses. Such ventures require substantial capital and give rise to long-term projects (and therefore long-running contracts) in which states and businesses hold major stakes. As a result, when disputes arise, mirroring the scale of the investments, they often involve significant amounts and must proceed swiftly to prevent any interruption to production. This Practice Note sets out a typical project architecture, flags the principal contracts, the usual dispute resolution mechanisms they include, and the categories of disputes that may emerge. It also touches on some of the more difficult issues that can arise when resolving these disputes. This Practice Note should be read alongside Practice Note: Arbitration in the energy...
Introduction An offshore wind farm is a generating plant comprising all the infrastructure needed to capture and gather wind energy, convert it into electricity, and securely deliver it to the main power network or a nearby local grid as required. Offshore wind is gaining prominence as a renewable solution to address climate change, with the UK and Europe leading globally in the development of large-scale offshore wind farms today. Though the recent gas shortages and spells of low wind in Europe have revealed the fragilities of relying on offshore wind for energy security, it unquestionably remains a crucial and growing share of the global energy mix, bolstered by rapid expansion in China. In recent years, the European offshore wind industry has flourished, most notably in the UK, which ranks among the largest markets and hosts several of the biggest operational offshore wind projects...
Introduction and background This Practice Note sets out the principal points to bear in mind when advising landowning clients and utility providers (distribution network operators ( DNOs)) on the negotiation of substation leases. It also flags matters affecting tenant occupiers where relevant. The statutory framework underpinning substation leasing is the Electricity Act 1989 ( EA 1989). Although the scope of that legislation sits beyond this Practice Note (see, instead, Practice Note: Electricity licensees: street-opening and necessary wayleaves - What are 'necessary wayleaves'?), its relevance is that it confers on DNOs a statutory entitlement to install and keep their apparatus notwithstanding any lease provisions agreed. For developers, securing an electricity supply can be administratively burdensome and protracted, with both cost and timetable influenced by what other power requests are being processed concurrently. As a result, the landowner may find themselves in a...
Introduction A production sharing contract ( PSC) sets out the legal relationship between a host state and a private participant (the ‘investor’). Under it, the state engages the investor to undertake oil and gas exploration and production ( E& P) within a specified area and timeframe. Unlike other upstream petroleum arrangements, the host state retains ownership of the in‑situ hydrocarbons. However, to reimburse the investor for the E& P it performs, title to an agreed share of produced oil and gas passes to the investor at a contractually defined delivery point. For a broader overview of alternative upstream models, see Practice Note: Understanding upstream petroleum agreements—concessions, production sharing contracts and service contracts. The key provisions in a PSC Each jurisdiction using a PSC as the foundation for its upstream regime drafts its own model. Typical clauses address: purpose and scope ...
For comprehensive analysis of the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales, refer to: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. The textbook offers thorough treatment of matters addressed in this Practice Note. What is the ‘ Supplier of Last Resort’ ( So LR) regime? Where the Office of Gas and Electricity Markets ( Ofgem) withdraws a supply licence (typically due to insolvency), it may designate a ‘supplier of last resort’ ( So LR) on an individual basis to assume the supply of gas and/or electricity to the failed supplier’s customers. The objective is to safeguard those customers by maintaining uninterrupted continuity of supply and services. This framework is chiefly embedded in the Standard Conditions of the supply licences held by Great Britain’s ( GB’s)...
Maritime contracts in the offshore oil & gas industry—an introduction For further practical guidance on the financing of energy, power and resources projects across a range of sectors, including those referenced in this Practice Note, see also the textbook titled Energy and Resources Financing: A Practical Handbook. What types of maritime contracts are used in the offshore oil & gas industry? Vessels are central to offshore oil and gas operations throughout the sector. Types commonly employed include the following: platform supply and offshore utility vessels, safety vessels, cable laying ships and ice breakers, supply vessels, drill ships, offshore barges (for example fitted with heavy lifting cranes and/or accommodation modules). There is also a broader class of exploration, production, storage and/or offloading units, such as floating production, storage and offloading ( FPSO) vessels, floating storage and offloading ( FSO) units, and...
This Practice Note explores how climate change and the drive by the UK and other governments globally to reach net zero affect the construction sector and the way construction contracts are drafted. This influences the construction industry and the drafting of construction contracts. Climate change risks and ramifications for construction contracts It is widely recognised that climate change brings multiple threats across many industries, with a higher chance of severe and erratic weather, such as floods, drought and intense heat, which in turn would push hundreds of millions into poverty, diminish biodiversity and lead to species extinctions. In response, governments worldwide are acting to deliver ‘net zero’, meaning a condition where greenhouse gas ( GHG) emissions are counterbalanced by GHG removal, delivering an overall net zero emission over appropriate timescales. See also Practice Note: Sustainable...
Introduction The Industry Mutual Hold Harmless Scheme ( IMHH) was launched in 2002 after a thorough cross-industry consultation, coordinated by Leading Oil and Gas Industry Competitiveness ( LOGIC). Its aim was to bridge the ‘contractual gap’ between contractors where the LOGIC Standard Conditions of Contract (the “ LOGIC Standard Conditions”)—or other agreements using a ‘small family’ indemnity regime (see below)—were applied. The LOGIC Standard Conditions are standard-form contract terms issued by LOGIC, originally created to cover the lifecycle of oil and gas activities, including onshore and offshore services, well services and construction. They are now also employed for offshore renewable energy projects, for example the construction and/or maintenance of offshore wind farms (together with related transmission infrastructure), as well as the construction and maintenance of electricity interconnectors. The IMHH framework is likewise commonly used on offshore projects where newly constructed assets are located near...
This Practice Note delivers practical guidance on the valid execution of simple contracts and deeds by liquidators. A liquidation may be: insolvent (where a company cannot meet its debts or its liabilities exceed its assets), or solvent It may be initiated by court order (compulsory liquidation) or out of court (voluntary liquidation). For information on each type, see: Compulsory liquidation—overview Creditors' voluntary liquidation ( CVL)—overview Members' voluntary liquidation ( MVL)—overview Quick view The outline below summarises execution formalities relevant to liquidators and indicates where corresponding precedent execution clauses are located. For fuller detail, navigate to the document type via the links in the first column. Simple contracts: May be made by the company (see section 43(1)(a) of the Companies Act 2006 ( CA 2006)). Under the...
For a fuller analysis of 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 offers comprehensive treatment of the topics addressed in this Practice Note, with in‑depth discussion of the same issues. What is the background to the Cf D regime? Contracts for Difference sit at the heart of the government’s Electricity Market Reform ( EMR) programme, introduced in 2013. EMR was devised by the UK government to encourage investment in secure capacity and affordable, low‑carbon electricity generation. The principal mechanisms enacted through the EMR reforms include: the Contracts for Difference ( Cf D) regime, the focus of this Practice Note, structured as a contract that grants owners of new build low‑carbon generation projects a long‑term, stable revenue stream in...
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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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