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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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Tracker Use this Tracker to confirm if a state is a signatory to the Hague Convention on Choice of Courts Agreements and whether the Convention is already in effect for that jurisdiction. Albania — In force: 1 October 2024. Ratified: 25 June 2024. Signed: 13 February 2024. HCCH website: Albania—the Convention enters into force; HCCH website: Albania signs the Choice of Court Agreements Convention; HCCH notification: Albania ratifies the Choice of Court Agreements Convention. Australia — Signed: No. The Joint Standing Committee on Treaties in 2017 backed accession to the Convention and advised that binding treaty action be undertaken. For information, see Australian Parliament— Convention on Choice of Courts accession. Bahrain — In force: 1 July 2025. Acceded: 13 March 2025. For information, see: Bahrain accedes to the Choice Of Court Convention. China — Approval, ratified or...
ARCHIVED: This Practice Note is archived and no longer maintained. It offers contextual guidance on the main types and doctrines of EU law and legislation, and considers how Brexit affects EU-derived law and legislation in the UK, as background reading. For more detail on this topic, see the Practice Notes: Brexit—key legislation explained and Retained EU law and assimilated law. For broader Brexit materials, see: Brexit collection. This Practice Note is not maintained. Effect of Brexit on EU law in the UK The UK ended its EU membership at 11 pm on 31 January 2020 (exit day). From that moment, directly applicable EU law no longer applied to the UK under the EU Treaties, and the UK was no longer bound by duties under those treaties, which oblige Member States to ensure their domestic legislation complies with obligations set out in EU laws. EU law itself, and its...
A co-operative or community benefit society ( CCBS), previously termed an industrial and provident society ( IPS), is a limited liability corporate body that organisations may use to run a business either as a co-operative serving members’ mutual interests, or as a community benefit society operating for the good of a community. This Practice Note sets out the legal framework, organisational structure and the registration process for these societies. It also makes extensive reference to the FCA’s finalised guidance on registered societies, with sections addressing governing rules, share capital, name, transfer of engagements, conversion, amalgamation, dissolution and winding up. What is a co-operative or community benefit society? A co-operative society or community benefit society (historically called an industrial and provident society) is a registered society—also described as a society—and a corporate body with limited liability that can be used by...
What is district heating ( DH)? District heating—often called heat networks—supplies hot water or steam via a distribution of pipes to multiple homes, workplaces, or mixed‑use buildings for space heating and domestic hot water. Compared with generating heat within each dwelling through gas boilers or electric systems, this shared approach can deliver greater efficiency, reduced costs, improved security of supply, and lower carbon intensity. For further details on the changing contractual and regulatory frameworks for DH in England and Wales, see the Practice Notes on the evolving contractual regime and the evolving regulatory regime for district heating networks. Description of DH system A typical DH arrangement comprises four core elements: energy centre / heat source heat network heat interface unit heat user The energy centre is where heat is produced. Sources may include surplus heat from power generation or industrial activity, or dedicated plant such as combined heat and power units and...
What is the impact of Brexit on the UK nuclear sector? As of 31 January 2020 (exit day), the UK ceased to be an EU Member State. From that date, a transition/implementation phase applied, during which the EU continued, for many purposes, to treat the UK as if it remained a Member State. Leaving the EU also entailed withdrawal from the Euratom Community. The transition ended at 11 pm ( GMT) on 31 December 2020—known in UK law as ‘ IP completion day’. At that point, key transitional measures expired and notable shifts started to apply across the UK’s legal framework. The UK’s exit from the EU likewise meant departure from Euratom. Any changes pertinent to this content are outlined below. Following IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) introduced a new category of domestic...
What is fracking? Shale gas extraction, or hydraulic fracturing (fracking), is the method by which water and chemical additives are forced into shale rock at very high pressure to free the natural gas held within the rock. Vertical well bores are drilled thousands of feet into the earth, passing through sedimentary layers, the water table and shale formations to access the gas. The well is then turned to run horizontally, and a cement casing is fitted, providing a channel for the large volumes of water, fracking fluid, chemicals and sand needed to split the rock and shale. Sometimes, before fluids are injected, small explosives are used to open the bedrock. The resulting cracks enable the gas to be extracted from the formations. Shale gas consists mainly of methane, a natural gas used to generate electricity and for domestic heating and cooking. Fracking is...
For fuller analysis of the regulation, consenting and incentivisation of the net zero transition under the laws of England and Wales, see Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook explores, in depth, many of the themes addressed in this Practice Note... This Practice Note outlines the principal aspects of the supplier obligation, a mandatory charge on Great Britain’s licensed electricity suppliers used to finance the Contracts for Difference ( Cf D) low carbon subsidy mechanism... It also explains the reliefs available for electricity provided to electricity intensive industries ( EIIs) and for power sourced from renewable generators in other EU Member States, described as ‘ Green Excluded Electricity’... What is the background to the Cf D regime and Electricity Market Reform? The Electricity Market Reform ( EMR) programme was developed by government between 2010 and 2015 to reshape the GB...
For comprehensive analysis of how regulation, consenting and incentivisation shape the net zero energy transition within the legal framework of England and Wales, consult: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook provides thorough treatment of topics addressed in this Practice Note. What is Electricity Market Reform and the Capacity Market? The Capacity Market ( CM) forms a component of the government’s broader Electricity Market Reform ( EMR) programme......
ARCHIVED: This Practice Note has been archived and is not maintained. At 11 pm ( GMT) on 31 December 2020, the Brexit transition/implementation period that followed the UK’s withdrawal from the EU came to a close. From that moment (referred to in UK law as ‘ IP completion day’), core transitional measures ended and significant changes began to apply across the UK’s legal framework. The UK’s participation in the EU Emissions Trading System ( EU ETS) ceased at the end of the implementation period. The UK has established its own UK emissions trading scheme ( UK ETS) and obligations for UK ETS participants commenced on 1 January 2021, marking the start of the UK ETS’s first trading period. Under the Withdrawal Agreement, the UK remained within the EU ETS during the transition, and operators therefore had to comply with obligations for the 2020 scheme year, which...
Key legislation, licences and guidance Source Details Legislation The Feed-in Tariff ( Fi T) scheme is principally founded on the Feed-in Tariffs Order 2012 ( Fi T 2012), SI 2012/2782, which has been updated by: Feed-in Tariffs and Contracts for Difference ( Amendment) ( EU Exit) Regulations 2018, SI 2018/1092 Feed-in Tariffs ( Closure, etc) Order 2018, SI 2018/1380 Feed-in Tariffs ( Amendment) ( Coronavirus) Order 2020, SI 2020/375 Feed-in Tariffs ( Amendment) ( Coronavirus) ( No 2) Order 2020, SI 2020/957 Feed-in Tariffs ( Amendment) Order 2023, SI 2023/127 Fi T 2012 was made under the Energy Act 2008 ( En A 2008). Licence provisions Beyond the legislation, the operation of the Fi T scheme is set out in the Standard Conditions of Electricity Supply Licences ( SLCs), Conditions 33 and 34. Guidance Ofgem publishes the core guidance for the Fi T scheme, notably: Feed-in...
ARCHIVED: This Practice Note is archived and not maintained. It considers the Public Bodies Act 2011 ( PBA 2011) and the contractual effects that should be assessed where a public body or business is impacted by it. Background On 14 October 2010, Francis Maude, the Minister for the Cabinet Office, set out in a written ministerial statement that the arrangements for public bodies required radical reform to enhance transparency and accountability, eliminate duplicated activity, and bring to an end work that is no longer necessary. In response, the PBA 2011 received Royal Assent on 14 December 2011. The Act is intended to enable the government to simplify the landscape of public bodies by, among other measures, abolishing so‑called quangos (ie quasi‑autonomous non‑governmental organisations). Quangos include non‑departmental public bodies ( NDPBs), a term commonly used by the government......
Boilerplate provisions in public sector contracts This Practice Note examines freedom of information clauses in public sector contracts. For further detail on what contracting authorities and other interested parties should be aware of when deploying boilerplate terms in public sector agreements, see Practice Note: Boilerplate provisions in public sector agreements: general considerations. Public procurement reform The Procurement Bill secured Royal Assent on 26 October 2023, becoming the Procurement Act 2023 ( PA 2023). See: Procurement Bill [ HL]— LNB News 12/05/2022 14 and Procurement Bill receives Royal Assent— LNB News 26/10/2023 81. From 24 February 2025, the principal provisions of PA 2023 are in force, and procurements commenced on or after that date must proceed under PA 2023. Earlier procurements remain governed by the existing public procurement framework, including: Public Contracts Regulations 2015 ( PCR 2015) and Procurement Practice Notes ( PPNs) Utilities...
For fuller analysis of how the net zero energy transition is regulated, consented and incentivised under the law of England and Wales, consult Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook provides comprehensive treatment of the topics addressed in this Practice Note. What is a grid connection? A grid connection enables a party to link to the local electricity network, or ‘grid’, so they can take (import) and/or send out power. An agreed grid connection is fundamental to maintaining that link and to trading the electricity a project requires through the grid. From a developer delivering a small housing scheme to a utility constructing a nuclear plant, a connection is necessary whenever no pre-existing link is available. In every case, the absence of an existing connection means one must be sought and secured. This is as true for...
What is biomass combined heat and power? A biomass combined heat and power ( CHP) system uses an engine to produce energy from biomass. In essence, CHP functions as a compact power plant that recovers heat, with very small distribution losses thanks to its closeness to the demand. As a result, it can deliver markedly higher generation efficiency, with inherent carbon reductions and cost savings. Total efficiencies of 80–90% are attainable, whereas conventional condensing power stations achieve around 40% in electricity output. Figure 1 shows a schematic of a biomass CHP system (source: WSP). Choosing biomass rather than natural gas—the fuel most commonly used in conventional CHP—elevates the output from simply sustainable to truly renewable energy. Key conditions for development When assessing the feasibility of biomass CHP, each technology option warrants careful review: Precisely specify systems to suit the ratio and scale of heat and power...
ARCHIVED This archived case hub records the position as at the decision date of 24 May 2018; it is no longer updated and remains unmaintained accordingly. NOTE An appeal was lodged before the Court of Justice in Case C—255/22 P. See further, timeline, commentary and related/relevant cases. Case facts Outline The European Commission Article 102 TFEU investigation into Gazprom concerning the upstream gas supplies across Central and Eastern Europe (case number AT.39816). Latest development On 24 May 2018, the Commission accepted commitments from Gazprom under Article 9......
The Green Deal The Green Deal was a government initiative allowing households and firms to carry out energy efficiency upgrades to homes and business premises, financed via a ‘pay-as-you-save’ model. Approved providers secured low-cost funding for these works under the scheme, requiring no upfront outlay whatsoever. Rather than pay immediately at the outset, the expense of the efficiency measures was added to the property’s energy account and repaid over time in instalments by the bill payer, consistent with the Green Deal Golden Rule: that projected monetary savings from the measures would match or exceed the charges applied to the bill for that property. Responsibility for repayment stays with the property, so it passes to any new owner or occupier when the building is sold or let. The Energy Company Obligation ( ECO)—which superseded the Carbon Emissions Reduction Target and the Community Energy Saving...
This Practice Note This Practice Note clarifies the meaning of applicable law—sometimes, depending on context, called governing law, proper law or the choice of law—namely the law applied to resolve a dispute between parties. It does not encompass procedural law. It identifies which applicable law regime operates in the courts of England and Wales ( English courts). The regime engaged will differ according to whether the dispute is contractual or non-contractual and, for contractual matters, whether the parties selected the applicable law via a choice of law (governing law) clause, including any subsequent variation of that agreement. In a world where international travel, trade and communication are routine, cross-border complications arise with ease. Parties conclude contracts daily across different countries and continents. Goods and services move across frontiers, and individuals suffer accidents outside the states where they ordinarily live and work. When a claim has a...
This Practice Note offers practical guidance on executing simple contracts and deeds by third-party individuals or bodies corporate (chiefly companies formed under the Companies Act 2006 ( CA 2006)) acting pursuant to a power of attorney, and outlines how such parties should sign in this context. It considers the following: who can grant a power of attorney, who can act as an attorney, the formalities for executing simple contracts or deeds under a power of attorney. It does not cover: the execution of powers of attorney themselves (see Precedent: Power of attorney for commercial transactions); the execution of documents by other authorised signatories of organisations (see Practice Note: Executing documents—deeds and simple contracts). We have created a comprehensive, interactive collection to help users identify and work through the concepts and common issues when executing documents. Each section or phase contains practical guidance, precedent clauses and Q& As relevant to that section, helping users work...
This Practice Note reviews the Hague Convention on Choice of Court Agreements, which governs both jurisdiction and the recognition and enforcement of judgments. It outlines the scope of the Hague Convention on Choice of Court Agreements and the need for an international case anchored by an exclusive choice of court agreement. It also examines issues lying outside the Convention’s reach, whether by specific exclusions within the text or through declarations made by contracting states. The Practice Note considers how the Hague Convention on Choice of Court Agreements applies in the UK. An explanatory report on the Hague Convention on Choice of Court Agreements by Trevor Hartley and Masato Dogauchi supplies detailed commentary on each article. When did the Convention come into force? The Hague Convention on Choice of Court Agreements was concluded on 30 June 2005 and was first ratified by Mexico, followed by the EU. In...
Regulating, Consenting and Incentivising the Energy Transition For comprehensive analysis of how the net zero energy transition is regulated, consented and incentivised under the laws of England and Wales, see also Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. The textbook contains thorough discussion of matters addressed in this Practice Note. This tracker summarises major developments and expected forthcoming actions relating to low carbon hydrogen in Great Britain ( GB) since the Ten Point Plan for a Green Industrial Revolution, published in November 2020. It sets out policy and legislative moves led by the Department for Energy Security and Net Zero ( DESNZ) and its predecessor, the Department for Business, Energy and Industrial Strategy ( BEIS), alongside relevant measures from the Welsh and Scottish governments where hydrogen is a devolved matter, plus pertinent updates from Ofgem. The tracker spans a suite of low...
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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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