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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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This Practice Note outlines the formal requirements for witnesses, covering who may witness another person’s signature on a document connected to a commercial deal, such as a deed or simple contract, as well as witnessing electronic signatures and the current approach to video witnessing in practice. For guidance on witnessing wills, see Practice Note: Validity of Wills—signature. We have created a collection that serves as a comprehensive, interactive resource to help users recognise and navigate the concepts and frequent issues and pitfalls in executing documents, including the witnessing of signatures. Each stage or phase provides practical guidance, precedent clauses and Q& As relevant to that stage. For further details, see: Execution collection. Witnessing What is the difference between witnessing and attestation? Witnessing is the act of observing the execution of a document. Attestation adds the further step of noting, on the document itself, that the witness has seen the...
What is a turbine supply agreement ( TSA)? The turbine supply agreement ( TSA) is a pivotal element within the contractual structure for both onshore and offshore wind farms. This note considers key aspects of a TSA and how it fits within the wider suite of contracts used to construct, operate and maintain a wind farm. Wind farms are made up of individual wind turbine generators (each a WTG) that produce renewable power. A typical WTG includes a nacelle—positioned at the top of the tower and housing the generating components—together with other essential parts: Blades Tower Control and data equipment Generator Switchgear A TSA usually covers the design, manufacture and delivery to site of these components, as well as the commissioning and performance of each WTG. The agreement may take a bespoke form or an amended standard form, tailored to the...
Historically, the UK government backed fracking. However, after a run of successive seismic events at the country’s only active fracking site, operated by Cuadrilla in Lancashire, a scientific assessment by the North Sea Transition Authority ( NSTA) (formerly known as the Oil and Gas Authority) concluded that the probability of fracking‑related seismic activity could not be predicted with confidence. On the strength of that assessment, the government shifted its stance and, on 4 November 2019, issued a written statement which, on the basis of the then current scientific evidence, confirmed a presumption against granting any further hydraulic fracturing consents. This amounted to an effective, de facto moratorium, to be kept in place until compelling new evidence is brought forward addressing concerns about the prediction and management of induced seismicity. At the same time, it confirmed that it would not take forward the...
What is smart metering? For a primer on smart meters, refer to Practice Note: What is a smart meter? GB’s licensed electricity and gas suppliers, under their supply licences, must take all reasonable steps to roll out smart meters to domestic and small business customers. The smart metering rollout is expected to lower customers’ energy bills, improve energy efficiency and make switching energy supplier simpler. For a detailed overview of the timetable for GB’s rollout, the regulation governing smart metering, and the typical structures and financing arrangements used by energy suppliers to enable this rollout, see Practice Note: Smart metering regulation and smart metering projects. What are the key organisations in the GB smart metering market? Capita plc ( Capita) — the ultimate owner of the initial smart metering communications licensee, Smart DCC Limited (for more on which, see below). Capita is a...
Brexit impact At 11 pm ( GMT) on 31 December 2020, the Brexit transition/implementation phase that followed the UK’s withdrawal from the EU formally came to a close. At that moment—known in UK legislation as ‘ IP completion day’—core transitional arrangements ceased and notable shifts started to apply across the UK legal framework, with key measures taking effect across the UK legal system. Any developments pertinent to this content will be detailed below. On 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 preserved in the UK following Brexit. On 29 June 2023, the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) received Royal Assent. In particular, that Act reshapes how REUL is handled...
ARCHIVED: This tracker has been archived and is not maintained. The Feed-in Tariff ( Fi T) launched in April 2010 as the government’s principal policy to boost small-scale, low-carbon electricity generation across Great Britain ( GB). It is underpinned by the Feed-in Tariffs Order 2012, SI 2012/2782 (as amended), alongside modifications to Conditions 33 and 34 of the standard conditions of electricity supply licences, i.e. the Standard Licence Conditions. The Fi T is open to all—ranging from households to local authorities, landlords and businesses. Off-grid generators, provided they meet the eligibility criteria and confirm they will use all the power they produce, may access partial Fi T payments; as no electricity is exported, they qualify only for the generation tariff. Those who qualify for the Fi T: receive payments from certain licensed electricity suppliers (a Fi T licensee) for each kilowatt hour (p/k Wh)...
Author: James Todd, with appreciation to David Cruickshank and Jamie Dunne Introduction and scope The purpose of this Practice Note is to: introduce the rise of ‘gas peaking’ projects that are becoming increasingly widespread across Great Britain’s ( GB) electricity market, and set out the principal subsidy/support arrangements that make such projects attractive for developers and, where appropriately structured, suitable for project financing For more information on central project financing issues relating to gas peaking projects, see Practice Note: Gas peaking projects—key project issues relevant to project financing. This Practice Note considers gas peaking within the GB energy market and does not take account of the distinct position in Northern Ireland. For further practical guidance on the financing of energy, power and resources projects across a range of sectors, including those discussed in this Practice Note, see also textbook: Energy and Resources Financing: A Practical...
Industry bodies Body Description Electricity Settlements Company Ltd ( ESC) The ESC serves as the Capacity Market Settlement Body, handling capacity payments to, and penalty payments from, participants supported by the Capacity Market. It also oversees the inflows from licensed electricity suppliers that underpin these disbursements. Appointed under the Capacity Regulations ( SI 2014/2043, reg 80), the ESC is wholly owned by DESNZ, which, from 7 February 2023, took over the energy portfolio of the former Department for Business, Energy and Industrial Strategy ( BEIS), now dissolved. Its relationship with its sole shareholder—the Secretary of State for Energy Security and Net Zero ( So S), previously the Secretary of State for BEIS—is defined by a Framework Document. In practice, the ESC shares an office, website, and senior officers with the Low Carbon Contracts Company Ltd ( LCCC), the counterparty to the low carbon Contract for...
Power offtake arrangements In project-financed power generation schemes, a central document is the power offtake agreement. Commonly termed a ‘power purchase agreement’ or PPA, it is usually a contract between the generator and a licensed electricity supplier acting as offtaker for the plant’s entire output. PPAs of this sort are typically on the supplier’s standard terms, which most funders recognise. For our key resources on PPAs, see: Power purchase agreements and routes to market—overview. These agreements tend to favour the offtaker and securing substantial revisions is generally challenging. An alternative offtake model arises where the generator links directly to one or more local consumers via a ‘private wire’, with those customers purchasing electricity straight from the power station. In broad terms, ‘private wires’ refers to electricity distribution systems not owned or operated by a distribution network operator ( DNO) licensed under section 6 of the...
The Capacity Market The Capacity Market ( CM) forms part of the government’s Electricity Market Reform ( EMR) programme. It is a statutory framework designed to stimulate dependable electricity capacity, helping to prevent gaps in supply when electricity might be scarce......
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. The textbook includes in-depth discussion of issues covered in this Practice Note. Brexit impact At 11 pm ( GMT) on 31 December 2020, the transition/implementation period following the UK’s withdrawal from the EU ended. That moment (described in UK law as ‘ IP completion day’) brought key transitional measures to a close and significant changes started to apply across the UK legal regime. Any changes relevant to this content are set out below. On IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) created a new category of domestic UK law—retained EU law (...
This Practice Note considers how the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 ( MEES Regs 2015), SI 2015/962, affect both landlords and tenants of non-domestic private rented property, and sets out the enforcement and compliance powers of the local weights and measures authority. It also outlines the level of financial and publication penalties, the issuing of compliance notices, and a landlord’s rights to seek review and appeal. It forms part of our series of Practice Notes on MEES... MEES Regs 2015, SI 2015/962, reg 27 states that a landlord must not let a substandard non-domestic private rented ( NDPR) property—one with an energy performance certificate ( EPC) rating of ‘ F’ or ‘ G’—unless: ‘relevant energy efficiency improvements’ are carried out ( MEES Regs 2015, SI 2015/962, reg 29), or one of the...
Brexit impact At 11 pm ( GMT) on 31 December 2020, the Brexit transition/implementation period that followed the UK’s exit from the EU concluded. At this moment—termed ‘ IP completion day’ in UK law—transitional measures ceased and notable shifts started to apply across the UK’s legal framework. Any updates pertinent to this content will appear below. On IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) introduced a distinct form of domestic UK law—retained EU Law ( REUL)—comprising EU-derived rights and legislation 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. It alters how REUL is handled by: revoking substantial amounts of REUL from 31 December 2023 re‑labelling REUL as ‘assimilated law’ from 1 January 2024 ...
This Practice sets out an introduction to the electricity market in Great Britain ( GB). It outlines the main organisations and types of organisation active in generation, transmission, international interconnection, distribution and supply, covering the GB electricity wholesale market, electricity retail market and electricity networks market, while also describing the roles of key industry stakeholders. In view of the GB electricity market’s complexity, this Practice Note presents an overview of the principal authorities and market participants in the GB wholesale and retail electricity markets. As many participants have complex ownership structures, this Practice Note, where needed, refers to the parent company. Where relevant, references include links to key sources and statistics. For a consolidated set of links to the latest key statistics published by DESNZ for the GB energy market, see Statistics at DESNZ. Brexit impact As at 31 January 2020 (exit day), the UK ceased to be an EU...
For comprehensive 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 in-depth discussion of matters addressed in this Practice Note. What are the general electricity licensing requirements? Section 4 of the Electricity Act 1989 ( EA 1989) obliges parties carrying out certain activities in the electricity sector to hold a licence, with further particulars set out in the sections below. EA 1989, s 4(2) states that undertaking licensable activities without being authorised by a licence is an offence. Under EA 1989, s 4(2), a person convicted of such an offence is liable, on summary conviction, to a fine not exceeding the statutory maximum or, on conviction on indictment, to a fine. The Office of Gas and...
Brexit impact As at 31 January 2020 (exit day), the UK stopped being an EU Member State, yet moved into an implementation phase during which the EU continued, for many practical and administrative purposes, to treat it as if it were still a Member State. At 11pm ( GMT) on 31 December 2020, the Brexit transition/implementation period that followed the UK’s departure from the EU finally came to a close. From that moment (known in UK law as ‘ IP completion day’), core transitional measures formally expired and notable and wide‑ranging shifts began to roll through the UK’s legal framework. Any amendments pertinent to this content will be detailed below. On 24 December 2020, the European Commission and the UK government publicly declared agreement in principle on the legal terms governing the future UK‑ EU relationship. Announced only a week ahead of IP...
By design, offshore oil and gas decommissioning programmes are intricate pieces of work. They demand collaboration across every department within the organisations proposing the programme, together with close engagement with the Department for Energy Security and Net Zero ( DESNZ), the North Sea Transition Authority ( NSTA) (previously the Oil & Gas Authority), and the support of a range of stakeholders. DESNZ was created on 7 February 2023 and assumed the energy brief of the former Department for Business, Energy and Industrial Strategy ( BEIS), which has now been wound up. Any mention of ‘ BEIS’ in this practice note refers to BEIS’s former functions. The rights and duties connected to decommissioning programmes sit in Part IV of the Petroleum Act 1998 ( PA 1998). That said, PA 1998 largely supplies the framework and procedures, while most practical detail about...
Capacity Market ( CM) The Capacity Market ( CM) exists to secure adequate investment in dependable capacity across the electricity system so that supplies remain reliable and secure. It operates by paying capacity providers a regular retainer in exchange for a clear commitment to deliver capacity when the system is under strain, acting as an explicit hedge against potential black outs in future. For a summary of the CM’s principal features and operation, see Practice Note: Capacity Market—key features. The CM is one of the principal tools used by government to deliver electricity market reform ( EMR) (see Practice Note: Electricity Market Reform ( EMR)). The other central instrument introduced via EMR is the Contracts for Difference revenue support framework for low carbon generation projects, see Practice Note: Contracts for Difference ( Cf D)—key features for further details. This CM tracker presents, in reverse...
Contracts for Difference ( Cf D) scheme The purpose of the Contracts for Difference ( Cf D) scheme is to deliver long‑term price stability and revenue assurance for low carbon generation projects, and to unlock investment at reduced capital costs, thereby lowering the burden on consumers of financing the scheme. The Cf D is a principal mechanism brought forward by the UK government under Electricity Market Reform ( EMR) (see Practice Note: Electricity Market Reform ( EMR)), as part of that reform package. The other flagship EMR instrument is the Capacity Market; for further details, see Practice Note: Capacity Market—key features. After EMR, the lead UK government programme charged with reshaping the Great Britain ( GB) national electricity market is the ‘ Review of Electricity Market Arrangements’ ( REMA). For added context on REMA, including how it interacts with the Cf D...
What are energy industry codes? Alongside legislation and licence obligations, Great Britain’s gas wholesale and retail markets are underpinned by a suite of industry codes. These documents set the rules that govern the sector and that licensees and other market participants must uphold, comply with, or accede to, and together they establish the conditions under which participants may access the gas network. Details and links to these codes appear below. For a single, consolidated overview of the principal industry bodies and codes across the GB gas and electricity markets, see Practice Note: Industry Bodies and Codes— Electricity and gas market. What are Code Administrators and what is their role? Background Each industry code has an appointed ‘ Code Administrator’, the main contact point for that code and the source of further information for users. Code Administrators must perform their roles for their respective codes 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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